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REVISED  ORDINANCES 


OF  THE 


Village  of  Grape  Creek 


PUBLISHED  BY  AUTHORITY  OF  THE  PRESIDENT 


AND  BOARD  OF  TRUSTEES. 


COMPILED  AND  ARRANGED  BY  HENRY  J.  HALL, 

POLICE  MAGISTRATE. 


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DANVIEEE,  IIJJNOIS  : 

Geo.  E.  Cockerton,  The  Printer. 
1891. 


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CITIES  AND  VILLAGES. 


EXTRACTS  FROM  AN  ACT  to  provide  for  the  incorporation  of 
Cities  and  Villages,  in  force  July  i,  1872. 

64.  Publication  of  Ordinances — When  to  Take  Effect.] 
§  3.  All  ordinances  of  cities  and  villages  imposing  any  fine,  pen¬ 
alty,  imprisonment  or  forfeiture,  or  making  any  appropriation, 
shall,  within  one  month  after  they  are  passed,  be  published  at  least 
once  in  a  newspaper  published  in  the  city  or  village,  or,  if  no  such 
newspaper  is  published  therein,  by  posting  copies  of  the  same  in 
three  public  places  in  the  city  or  village;  and  no  such  ordinance 
shall  take  effect  until  ten  days  after  it  is  so  published.  And  all 
other  ordinances,  orders  and  resolutions  shall  take  effect  from  and 
after  their  passage,  unless  otherwise  provided  therein. 

65.  Proof  of  Ordinances.]  §  4.  All  ordinances,  and  the  date 
of  publication  thereof,  may  be  proven  by  the  certificate  of  the 
clerk,  under  the  seal  of  the  corporation.  And  when  printed  in 
book  or  pamphlet  form,  and  purporting  to  be  published  by  authority 
of  the  board 'of  trustees  or  the  city  council,  the  same  need  not  be 
otherwise  published;  and  such  book  or  pamphlet  shall  be  received 
as  evidence  of  the  passage  and  legal  publication  of  such  ordinances, 
as  of  the  dates  mentioned  in  such  book  or  pamphlet,  in  all  courts 
and  places  without  further  proof. 

66.  Suits  for  Violating  Ordinances.]  §  5.  All  actions 
brought  to  recover  any  fine  or  to  enforce  any  penalty,  under  any 
ordinance  of  any  city  or  village,  shall  be  brought  in  the  corporate 
name  of  the  city  or  village  as  plaintiff ;  and  no  prosecution, 
recovery  or  acquittal,  for  the  violation  of  any  such  ordinance, 
shall  constitute  a  defense  to  any  other  prosecution  of  the  same 
party  for  any  other  violation  of  any  such  ordinance,  although  the 
different  causes  of  action  existed  at  the  same  time,  and,  if  united, 
would  not  have  exceeded  the  jurisdiction  of  the  court  or  magistrate. 

67.  Fines  and  Licenses  Paid  Treasurer.]  §  6.  All  fines  and 
forfeitures  for  the  violation  of  ordinances,  when  collected,  and  all 
moneys  collected  for  licenses  or  otherwise,  shall  be  paid  into  the 
treasury  of  the  corporation,  at  such  times  and  in  such  manner  as 
may  be  prescribed  by  ordinance. 


4 


CITIES  AND  VILLAGES. 


68.  Summons — Affidavit — Punishment.]  §  7.  In  all  actions 
for  the  violation  of  any  ordinance,  the  first  process  shall  be  sum¬ 
mons:  Provided ,  however ,  that  a  warrant  for  the  arrest  of  the 
offender  may  issue  in  the  first  instance  upon  the  affidavit  of  any 
person  that  any  such  ordinance  has  been  violated,  and  that  the 
person  making  the  complaint  has  reasonable  grounds  to  believe 
the  party  charged  is  guilty  thereof;  and  any  person  arrested  upon 
such  warrant  shall,  without  unnecessary  delay,  be  taken  before 
the  proper  officer  to  be  tried  for  the  alleged  offense.  Any  person 
upon  whom  any  fine  or  penalty  shall  be  imposed,  may,  upon  the 
order  of  the  court  or  magistrate  before  whom  the  conviction  is 
had,  be  committed  to  the  county  jail  or  calaboose,  city  prison, 
work-house,  house  of  correction,  or  other  place  provided  by  the 
city  or  village  for  the  incarceration  of  offenders,  until  such  fine, 
penalty  and  cost  shall  be  fully  paid:  Provided ,  that  no  such 
imprisonment  shall  exceed  six  months  for  any  one  offense.  The 
city  council  or  board  of  trustees  shall  have  power  to  provide,  by 
ordinance,  that  every  person  so  committed  shall  be  required  to 
work  for  the  corporation,  at  such  labor  as  his  or  her  strength  will 
permit,  within  or  without  such  prison,  work-house,  house  of 
correction,  or  other  place  provided  for  the  incarceration  of  such 
offenders,  not  exceeding  ten  hours  each  working  day;  and  for  such 
work  the  person  so  employed  to  be  allowed,  exclusive  of  his  or  her 
board,  $2  for  each  day’s  work  on  account  of  such  fine  and  cost. 

69.  Jurisdiction  of  Justices,  etc.]  §  8.  Any  and  all  justices 
of  the  peace  and  police  magistrates  shall  have  jurisdiction  in  all 
cases  arising  under  the  provisions  of  this  act,  or  any  ordinance 
passed  in  pursuance  thereof. 

70.  Constables  and  Sheriffs  May  Serve  Process,  etc.] 
§  9.  Any  constable  or  sheriff  of  the  county  may  serve  any  process, 
or  make  any  arreests  authorized  to  be  made  by  any  city  or  village 
officer. 

71.  Jurisdiction  Over  Water.]  §  10.  The  city  or  village 
government  shall  have  jurisdiction  upon  all  waters  within  or 
bordering  upon  the  same,  to  the  extent  of  three  miles  beyond  the 
limits  of  the  city  or  village,  but  not  to  exceed  the  limits  of  the 
State.  [Amended  in  1875;  amendment  repealed  laws  1879.] 


CITIES  AND  VILLAGES. 


5 


An  Act  to  amend  Section  9,  of  Article  XI,  of  An  Act  to  provide 
for  the  incorporation  of  Cities  and  Villages,  approved  April  10, 
1872.  In  force  July  1,  1872. 

PRESIDENT. 

Section.  Section. 

1.  Amends  Section  2,  Act  1872,  by  2.  Emergency, 
defining  the  powers  of  the  Pres¬ 
ident  and  Board  of  Trustees,  in 
villages,  and  fixing  the  salary  of 
the  President. 

Section  i.  Be  it  enacted  by  the  People  of  the  State  of  Illinois 
repi esented  hi  the  General  Assembly:  That  section  nine,  of  article 
eleven,  of  An  Act  to  provide  for  the  incorporation  of  cities  and 
villages  be  amended  so  as  to  read  as  follows:  Sec.  9.  The  president 
of  the  board  of  trustees  shall  perform  the  duties  and  exercise  the 
powers  conferred  upon  the  mayor  of  a  city,  and  shall  receive  as 
compensation  therefor  a  salary  to  be  fixed  by  the  board  of  trustees, 
which  salary  shall  in  no  case  exceed  two  thousand  dollars  per 
annum,  and  the  trustees  shall  perform  the  duties  and  exercise  all 
powers  conferred  upon  aldermen  in  cities.  The  president  and 
board  of  trustees  may  exercise  the  same  powers  conferred  upon 
the  mayor  and  city  council  of  cities  and  pass  ordinances  in  like 
manner.  The  president  of  the  board  of  trustees  may  exercise  the 
same  veto  powers  conferred  and  with  like  effect  as  the  mayor  of  a 
city;  and  the  board  of  trustees  may  pass  ordinances  over  such  veto 
in  like  manner  as  a  city  council. 

Sec.  2.  Whereas  uncertainty  exists  as  to  the  powers  that  may 
lawfully  be  exercised  by  the  presidents  of  boards  of  trustees,  there¬ 
fore  an  emergency  exists  and  this  act  shall  be  in  force  from  and 
after  its  passage. — [Approved  May  22,  1889. 


RULES  OF  THE  BOARD  OF  TRUSTEES 


OF  THE 

Village  of  Grape  Creek. 


Section. 

1.  Meetings  of  Board,  regular  and 

special. 

2.  Appointment  of  committees. 

3.  Duty  of  committee  on  streets  and 

alleys.. 


Section. 

4.  Duty  of  committee  on  finance. 

5.  Fiscal  year. 

6.  Rules  of  order. 


Section  i.  A  regular  meeting  of  the  Board  of  Trustees  shall 
be  held  on  the  second  Monday  evening  of  each  month  during  the 
year.  Special  meetings  may  be  called  by  the  President,  or  by  any 
three  members  of  the  Board,  whenever  in  his.  or  their,  discretion 
it  may  be  deemed  necessary,  in  which  event  it  shall  be  the  duty 
of  the  village  constable  or  village  clerk  to  cause  each  member  of 
the  Board  to  be  served  personally,  or  by  leaving  a  copy  of  the 
notice  at  his  usual  place  of  abode,  with  a  notice  of  such  meeting; 
and  no  business  shall  be  transacted  at  any  special  meeting  except 
such  as  is  stated  in  such  notice. 

Sec.  2.  Upon  the  organization  of  the  Board  at  the  beginning  of 
each  municipal  year  it  shall  be  the  duty  of  the  President  to  appoint 
the  following  standing  committees,  each  to  consist  of  not  less  than 
three  members  of  the  Board,  viz: 

1.  Committee  on  Streets  and  Alleys. 

2.  Committee  on  Finance. 

Sec.  3  It  shall  be  the  duty  of  the  committee  on  streets  and 
alleys  to  keep  a  general  care  and  supervision  over  the  streets  and 
alleys  of  said  village;  to  give  directions  to  the  street  commission¬ 
ers;  and  see  that  all  street  crossings  and  sidewalks  are  properly 
constructed  and  kept  in  repair;  to  superintend  the  grading  and 
improvement  of  streets  and  alleys,  the  building  and  repairing  of 
sidewalks,  and,  when  authorized  so  to  do  by  the  Board  of  Trustees, 
to  make  all  contracts  in  behalf  of  the  village  for  the  building  of 


RULES  OF  THE  BOARD  OF  TRUSTEES. 


sidewalks,  or  the  making  of  any  other  improvement  on  the  streets 
and  alleys  of  said  village. 

Sec.  4.  It  shall  be  the  duty  of  the  committee  on  finance  to 
make  all  estimates  of  all  appropriations  of  money  necessary  to  be 
made  for  village  purposes,  and  to  report  the  same  to  the  Board  of 
Trustees  during  the  first  quarter  of  the  fiscal  year. 

SEC.  5.  The  fiscal  year  of  said  village  shall  commence  on  the 
first  Monday  of  May  in  each  year. 

Sec.  6.  The  following  shall  be  the  Rules  governing  the  Board 
of  Trustees: 

I.  The  President  shall  take  the  chair  at  the  hour  appointed  for 
the  Board  to  meet  and  immediately  call  the  Board  to  order,  and  at 
the  instance  of  any  two  members  present  compel  the  attendance  of 
absent  members;  and  in  case  of  the  non-attendance  of  the  President 
at  any  meeting,  the  Board  shall  appoint  one  of  those  present  chair¬ 
man,  who  shall  preside  at  that  meeting  and  shall  be  President 
pro  tem. 

II.  A  majority  of  the  members  elect  shall  constitute  a  quorum 
for  the  transaction  of  business. 

III.  Order  of  business: 

First — The  reading  of  the  minutes  of  the  preceding  meeting, 
unless  dispensed  with,  and  their  amendment  or  correction. 

Second — Presentation  of  petitions,  claims,  and  reports  of  officers. 

Third — Reports  of  committees. 

Fourth — Communications  to  the  Board. 

Fifth — Unfinished  business  of  the  preceding  meeting. 

Sixth — New  business. 

IV.  The  President  shall  preserve  order  and  decorum,  and 
shall  decide  all  questions  of  order,  subject  to  an  appeal  to  the 
Board. 

V.  While  any  member  is  speaking,  no  member  shall  entertain 
any  private  discourse. 

VI.  When  two  or  more  members  shall  address  the  President, 
he  shall  decide  who  is  first  to  speak. 

VII.  When  a  question  is  stated,  every  member  present  shall 
vote,  unless  excused  by  the  Board,  or  unless  directly  interested 
in  the  question,  in  which  case  he  shall  not  vote. 

VIII.  When  a  member  is  called  to  order,  he  shall  immediately 


8 


RULES  OE  THE  BOARD  OF  TRUSTEES. 


sit  down,  unless  permitted  to  explain.  If  he  appeals,  the  Board 
shall  decide  the  matter  without  debate.  If  no  appeal  is  taken, 
the  decision  of  the  President  shall  be  conclusive. 

IX.  Every  member,  before  speaking,  shall  arise  and  address: 
“Mr.  President,” — but  shall  not  proceed  until  recognized  and 
named  by  the  President. 

X.  No  motion  shall  be  entertained  unless  seconded;  when 
seconded  it  shall  be  stated  by  the  President,  and,  if  any  member 
requires  it,  reduced  to  writing. 

XI.  A  motion  to  adjourn  shall  always  be  in  order,  and  shall  be 
decided  without  debate. 

XII.  No  personalities  or  reflections  injurious  to  the  feelings  of 
any  member  or  the  harmony  of  the  Board  shall  be  tolerated,  and 
every  person  indulging  in  such  personalities  shall  be  called  to 
order  by  the  President. 

XIII.  These  rules,  or  any  of  them,  may  be  repealed,  amended, 
or  suspended  by  a  vote  of  a  majority  of  the  Board. 


AN  ORDINANCE 


FOR  REVISING  AND  CONSOLIDATING  THE  GENERAL  ORDINANCES 

OF  THE  VILLAGE  OF  GRAPE  CREEK. 


Whereas,  It  is  expedient  that  the  General  Ordinances  of  this 
Village  should  be  consolidated  and  arranged  in  appropriate 
chapters  and  sections,  and  that  a  digest  of  the  whole  should  be 
made,  therefore, 


Be  it  ordained  by  the  President  and  Board  of  Trustees  of  the  Village 
of  G?  ape  Creek  in  manner  following ,  that  is  to  say: 


CHAPTER  I. 


ACCOUNTS. 


Section  i.  Accounts  must  be  certified  or  sworn  to. 

Section  i.  No  account  or  claim  against  the  Village  of  Grape 
Creek,  except  for  the  salaries  of  its  officers,  or  for  the  payment  of 
a  special  contract  made  by  the  President  or  Board  of  Trustees,  or 
by  some  officer  of  the  village  authorized  by  them  or  by  ordinance 
to  make  the  same,  or  for  the  payment  of  fee  bills  of  officers  of 
courts,  shall  be  considered,  audited  or  allowed,  nor  shall  any 
warrant  issue  for  the  payment  thereof,  unless  the  person  presenting 
the  same,  or  some  other  credible  person  for  him,  shall  make  oath 
before  some  person  duly  authorized  to  administer  oaths,  before 
filing  such  claim  or  account,  that  it  is  “true,  just,  correct  and 
reasonable  and  no  claim  or  account  on  any  contract  made  by 
an  officer  of  said  village  shall  be  allowed,  unless  certified  to  by 
the  officer  making  the  same,  that  it  is  “true,  just,  correct  and 
reasonable.  ’  ’ 


IO 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


CHAPTER  II. 


ANIMALS - POUNDS  AND  IMPOUNDING. 

Section.  Section. 

1.  Stock  at  large  a  nuisance.  io.  Proceeds  paid  over  to  magistrate  ; 

2.  Pounds  and  poundmaster.  surplus  paid  over  to  village 

3.  Animals  impounded  to  be  held  treasurer ;  owner  may  recover 

two  days  without  legal  proceed-  surplus  within  three  years. 

ings,  &c.,  and  owner  notified.  11.  Poundmaster  personally  responsi- 

4.  Owner  to  be  summoned  unless  ble  for  stock  impounded  ;  stock 

redeemed.  willfully  driven  or  enticed  from 

5.  Unknown  owner  ;  filing  statement  beyond  the  village  limits,  or  let 

with  magistrate  ;  duty  of  mag-  out  of  enclosure  ;  penalty. 

istrate.  12.  Fees. 

6.  Posting  notices,  under  oath.  13.  Board  may  allow,  for  a  specified 

7.  No  owner  at  time  fixed  for  trial ;  time,  animals  to  run  at  large. 

jury  ;  judgment ;  sale.  14.  Neglect  of  poundmaster  to  im- 

8.  Redemption.  pound  ;  penalty. 

9.  Not  enough  bid  for  expense ;  15.  Breaking  open  pound  ;  penalty. 

poundmaster  may  bid  himself.  16.  Obstructing  persons  impounding 

animals  ;  penalty. 

Section  i.  That  it  shall  be  unlawful  for  any  horse,  mare, 
gelding,  colt,  mule,  ass,  sheep,  swine,  goat,  neat  cattle  or  ducks, 
chickens  and  geese,  to  run  at  large  within  the  corporate  limits  of 
said  Village  of  Grape  Creek,  contrary  to  the  provisions  of  this 
ordinance  ;  and  the  running  at  large  as  aforesaid  of  any  or  all  of 
the  aforesaid  animals  is  hereby  declared  a  nuisance,  which  the 
poundmaster  or  any  policeman  of  said  village  shall  instantly  abate, 
upon  view,  by  taking  up  and  confining  any  such  animal  in  the 
village  pound. 

Sec.  2.  Said  pound  shall  be  centrally  situated  within  the 
corporate  limits  of  said  village,  and  accessible  freely  and  without 
hinderance,  during  the  day-time,  to  all  persons  in  search  of  animals 
at  large  ;  and  such  pound  shall  be  maintained  under  the  care  and 
supervision  of  the  poundmaster,  at  his  own  expense,  in  considera¬ 
tion  of  the  allowance  to  him  by  the  said  village  of  the  fees  chargeable 
by  him  in  section  twelve  of  this  ordinance  :  Provided ,  That  such 
pound  shall  be  subject  to  the  inspection  and  condemnation  of  the 
Board  of  Trustees  ;  and  upon  the  refusal  of  said  poundmaster  to 
accept  the  care  and  custody  of  said  pound  at  his  own  expense,  upon 
the  terms  aforesaid,  the  Board  of  Trustees  may  direct  that  the  said 
fees  chargeable  herein  by  said  poundmaster  to  be  maintained  under 
the  supervision  and  at  the  expense  of  said  village. 

Sec.  3.  Any  animal  so  impounded  shall  be  held  for  two  days, 
exclusive  of  the  day  of  impounding,  without  further  legal  pro¬ 
ceedings  during  such  time,  subject  to  redemption  by  the  owner  in 
the  manner  hereinafter  provided.  And  it  shall  be  the  duty  of  the 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


I  I 


officer  so  impounding  such  animal  within  the  period  aforesaid,  to 
make  reasonable  inquiry  respecting  the  ownership  of  the  same, 
and  to  notify  the  owner,  or  supposed  owner,  thereof  or  some 
member  of  such  owner’s  family,  over  the  age  of  twelve  years,  that 
such  animal  is  so  impounded,  and  that  the  same  is  held  subject 
to  redemption,  upon  the  payment  of  the  pound  charges.  Such 
notice  shall  be  signed  by  such  officer,  and  served  by  copy. 

Sec.  4.  The  officer  impounding  any  such  animal  shall,  unless 
the  same  is  redeemed  within  the  time  specified  in  section  three, 
cause  the  owner,  or  supposed  owner,  thereof  to  be  summoned 
before  some  magistrate  of  said  village,  to  show  cause,  if  any,  why 
such  animal  so  impounded  should  not  be  sold,  according  to  the 
provisions  of  this  ordinance. 

Sec.  5.  When  the  owner  of  any  animal  so  impounded  is  unknown 
to  the  officer  impounding  the  same,  such  officer  shall  (upon  the 
expiration  of  the  two  days  for  redemption  first  provided  for  in 
section  three)  file  within  a  reasonable  time  with  some  magistrate 
of  said  village  a  statement  in  writing,  signed  by  him,  of  the  kind 
and  number  of  animals  so  taken  up  by  him,  and  the  time  of  such 
taking  up  and  impounding,  and  that  the  owner  or  owners  thereof 
are  unknown  to  him  ;  whereupon  such  magistrate  shall  cause  to 
be  posted  up  in  three  of  the  most  public  places  of  said  village  a 
notice  describing  the  property  so  taken  up,  and  the  time  of  such 
taking  up,  and  notifying  therein  the  owner  or  owners  thereof  to 
appear  before  such  magistrate  at  an  hour  and  on  a  day  therein 
named,  not  less  than  five  nor  more  than  fifteen  days  from  the  day 
of  such  posting,  then  and  there  to  show  cause,  if  any,  why  such 
property  should  not  be  sold  to  satisfy  the  demand  of  said  village 
for  the  subsistence,  pound  fees,  and  costs  consequent  upon  the 
impounding  of  such  property. 

Sec  6.  The  officer  posting  such  notices  shall  immediately  make 
return  upon  oath,  upon  a  copy  thereof,  of  the  time  and  place  of 
such  posting.  Upon  such  return  being  made,  the  magistrate  shall 
docket  the  case  as  the  Village  of  Grape  Creek  vs.  the  unknown 
owners  of  impounded  property.  The  owner  may  appear  and  be 
made  defendant  at  any  time  before  final  judgment. 

SEC.  7.  If  no  owner  shall  appear  at  the  time  fixed  for  trial  in 
said  notices,  the  magistrate  shall  summons  a  jury  of  six  persons, 
having  the  legal  qualifications,  who  shall  be  duly  sworn  to  deter¬ 
mine  upon  the  evidence  the  extent,  if  any,  of  the  lawful  claim  of 
said  village  against  said  property,  and  in  their  verdict  shall  fix 
the  amount  of  such  claim,  if  any,  against  each  animal ;  and  upon 
verdict  being  rendered  in  favor  of  said  village,  the  magistrate  shall 
render  a  judgment  thereupon  substantially  in  the  following  form: 


12 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


STATE  OF  ILLINOIS,  ) 

VERMILION  COUNTY,  [-  SS. 

Village  of  Grape  Creek.  ) 

(Here  recite  the  commencement  of  the  suit  and  subsequent  pro¬ 
ceedings,  according  to  the  facts,  and  conclude  thus) :  It  is  adjudged 
upon  the  verdict  of  the  aforesaid  jury  that  said  village  have  and 
recover  for  sustenance,  pound  fees,  and  costs  consequent  upon  the 
impounding  of  each  of  the  following  animals  : 

Against  one  (specify  animal)  $ - . 

Against  one  (specify  animal)  $ - . 

Against  one  (specify  animal)  $ - . 

And  the  magistrate  shall  at  once  issue  a  special  execution  upon 
such  judgment  lor  the  sale  of  said  property,  which  shall  be 
described  in  such  execution,  and  which  shall  be  directed  and 
returnable  as  other  executions  from  justices  of  the  peace,  and  sale 
thereunder  shall  be  made  upon  the  same  notice  and  in  the  same 
manner  as  is  by  the  statute  of  Illinois  provided  in  the  case  of  the 
sales  of  personal  property  upon  execution  from  justices  of  the  peace. 

Sec.  8.  Property  sold  under  the  provisions  of  section  seven 
hereof  may  be  redeemed  by  the  owner  thereof,  from  the  purchaser, 
at  any  time  within  three  months  from  the  time  of  such  sale,  upon 
the  payment  to  such  purchaser  of  the  amount  paid  by  him,  with 
interest  thereon  at  the  rate  of  eight  per  cent,  per  annum,  and  the 
expenses  of  keeping  such  property  ;  and  of  the  right  of  the  owner 
to  redeem,  the  officer  making  such  sale  shall,  at  the  time  of  sale, 
give  notice,  and  in  his  return  on  said  execution  shall  specify  the 
amount  each  animal  sold  for. 

Sec.  9.  If  at  any  sale  under  the  provisions  of  this  ordinance  no 
person  shall  bid  the  whole  amount  of  costs  for  taking  up,  keeping 
and  selling  any  such  animal,  the  poundmaster  may,  for  himself, 
bid  thereon  the  amount  of  such  costs  and  charges  ;  and  no  person 
bidding  more,  he  may  strike  such  animal  off  to  himself 

Sec.  10.  The  proceeds  of  any  such  sale  shall  be  paid  over  to 
the  magistrate  issuing  any  such  execution,  who,  after  deducting 
the  amount  of  the  judgment  and  costs  and  subsequent  sustenance 
of  each  animal  to  day  of  sale,  and  also  after  allowing  the  officer 
for  making  the  sale  the  same  costs  chargeable  by  any  constable 
for  sale  of  personal  property  under  execution,  shall  turn  over  to 
the  village  treasurer  the  surplus  proceeds  of  such  sale,  taking 
said  treasurer’s  duplicate  receipt  for  the  same,  filing  one  receipt 
with  the  village  clerk.  The  treasurer  shall  keep  a  separate  account 
of  such  surplus,  which  shall  be  paid  over  to  the  owner  of  the 
property  so  .sold  at  any  time  within  three  years  from  such  sale, 
upon  the  direction  of  the  Board  of  Trustees. 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


13 


Sec.  11.  All  animals,  whether  impounded  by  a  policeman  or 
other  person,  under  the  direction  of  any  officer  of  said  village, 
shall  be  considered  as  having  been  impounded  by  the  village 
poundmaster,  and  said  poundmaster  shall  be  held  personally 
responsible  to  any  person  aggrieved  for  the  improper  impounding 
of  any  animal  :  Provided ,  That  the  village  poundmaster,  or  any 
policeman  of  said  village,  or  any  other  person  who  shall  willfully 
drive  or  entice  any  animal  from  beyond  the  corporate  limits  of 
said  village  into  the  same,  or  shall  aid  or  abet  the  same,  or  shall 
let  any  animal  out  of  any  enclosure  in  which  it  may  be  lawfully 
confined,  or  aid  or  abet  in  the  letting  out  or  escape  thereof,  in  order 
to  take  up  or  impound  the  same,  shall  be  subject  to  a  penalty  of 
not  less  than  five  nor  more  than  fifteen  dollars  for  each  offense. 

Sec.  12.  The  following  fees  shall  be  chargeable  and  collectible 
by  the  village  poundmaster  ;  that  is  to  say,  for  taking  into  the 
pound  and  discharging  therefrom  : 

Bach  horse,  mare,  gelding,  colt,  mule  or  ass,  35  cents. 

Bach  neat  animal,  30  cents. 

Bach  hog  or  shote,  25  cents. 

Bach  sucking  pig,  10  cents. 

Each  sheep  or  goat,  10  cents. 

Bach  duck  or  goose,  5  cents. 

Bach  chicken,  5  cents. 

For  sustenance  provided  each  animal  per  day,  to  be  given  at 
7  o’clock  a.  m.,  at  noon,  and  at  6  p.  m.: 

Bach  horse,  mare,  gelding,  colt,  mule  or  ass,  60  cents. 

Bach  neat  animal,  60  cents. 

Each  hog  or  shote,  25  cents. 

Each  sucking  pig,  5  cents. 

Bach  sheep  or  goat,  10  cents. 

Bach  duck  or  goose,  5  cents. 

Bach  chicken,  5  cents. 

There  shall  also  be  taxed  as  a  pound  fee,  for  the  use  of  the 
village  : 

On  each  horse,  mare,  gelding,  colt,  mule  or  ass,  25  cents. 

Bach  neat  animal,  25  cents. 

Bach  hog  or  shote,  10  cents. 

Bach  sucking  pig,  5  cents. 

Bach  sheep  or  goat,  10  cents. 

Bach  duck  or  goose,  5  cents. 

Each  chicken,  5  cents. 

For  serving  notice,  per  copy  (see  section  3),  25  cents. 

For  traveling  expenses,  serving  same,  each  way,  per  mile, 
5  cents. 

For  posting  and  returning  notices,  under  section  5,  75  ceuts. 

For  magistrate’s  fee,  preparing  same,  (four  copies)  75  cents. 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


For  other  services  hereunder  no  fees  other  than  such  as  are 
provided  by  the  statutes  of  the  State  of  Illinois  for  like  services. 
Any  owner  or  person  entitled  to  the  possession  of  any  animal  shall 
have  the  right  to  release  and  redeem  the  same  from  the  pound  at 
any  time  before  sale,  by  the  payment  of  the  above  fees  and  charges, 
to  the  extent  only  that  the  same  shall  have  accrued,  and  no  animal 
shall  be  released  until  such  fees  are  paid.  But  such  animal  shall 
be  regarded  as  lawfully  in  the  possession  of  said  village,  when  so 
impounded  as  aforesaid,  although  the  same  was  running  at  large 
without  the  consent  of  the  owner  or  person  claiming  possession 
thereof ;  and  for  the  purpose  of  enforcing  the  collection  of  the 
above  fees  and  charges  it  shall  be  sufficient  to  justify  the  detention 
and  impounding  of  such  animal  or  animals  as  aforesaid,  if  it  shall 
appear  in  the  evidence  that  the  same  were  running  at  large  within 
the  corporate  limits  of  said  village  at  the  time  the  same  were 
impounded. 

Sec.  13.  The  Board  of  Trustees  may,  by  resolution,  at  any 
regular  meeting,  allow  for  a  special  time  any  of  the  above  animals 
named  in  section  one  to  run  at  large  within  the  corporate  limits 
of  said  village. 

SEC.  14.  If  the  poundmaster,  or  any  policeman  of  said  village, 
shall  willfully  fail,  neglect  or  refuse  to  impound  any  animal  run¬ 
ning  at  large  contrary  to  the  provisions  of  this  ordinance,  such 
officer  shall  be  subject  to  a  penalty  of  five  dollars,  in  each  and 
every  case. 

Sec.  15.  Any  person  who  shall  break  open  any  stable,  pen,  lot 
or  other  enclosure  where  any  animal  is  impounded,  or  shall  in  any 
manner  release  or  rescue  any  animal  from  such  stable,  pen,  lot 
or  other  enclosure,  where  the  same  is  impounded,  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars  nor  more  than  twenty-five 
dollars. 

Sec.  16.  Whospever  shall  hinder,  delay,  resist  or  obstruct  any 
officer,  or  any  person  acting  under  the  immediate  direction  of  such 
officer,  in  the  discharge  of  the  duties  imposed  by  this  ordinance  on 
such  officer,  or  shall  aid,  encourage  or  abet  the  same,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars  nor  more  than 
fifteen  dollars. 

Sec.  17.  That  if  any  person  being  the  owner,  or  having  the 
care,  keeping  or  control  of  any  horse,  mare,  gelding,  colt,  mule  or 
ass,  or  any  neat  animal,  sheep,  goat,  hog,  shote  or  pig,  or  any 
duck,  chicken  or  goose,  shall  suffer  or  permit  the  same  to  run,  or 
to  be,  or  to  be  found  at  large,  contrary  to  the  provisions  of  section 
one  of  this  ordinance,  he  shall  be  subject  to,  and  shall  pay,  a 
penalty  of  not  less  than  one  dollar,  and  not  exceeding  five  dollars, 
in  everv  case. 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


*5 


CHAPTER  III. 

BIEEIARD  TABEES,  BAEE  ALEEVS,  &C. 

Section.  Section. 

1.  No  person  shall  keep  without  3.  Keeper  not  to  permit  any  minor 

license  ;  penalty  for  keeping  to  frequent,  nor  to  permit  dis- 

without  license.  orderly  conduct,  nor  to  sell 

2.  Charge  for  license  on  billard  ta-  intoxicating  liquors. 

ble ;  on  bagatelle  table  ;  pin 
alley,  &c. 

Section  i.  No  person  shall  keep,  for  his  gain,  any  billiard 
table,  or  bagatelle  table,  or  pigeon-hole  table,  or  ball  orpin  alley, 
without  a  license  therefor,  under  a  penalty  of  not  less  than  five 
dollars  and  not  exceeding  two  hundred  dollars  for  each  person 
who  may  be  permitted  to  play  thereon. 

Sec.  2.  There  shall  be  taxed  and  collected  for  license  to  keep 
a  billiard  table,  for  one  year,  ten  dollars  for  one  table,  and  five 
dollars  for  each  additional  table.  There  shall  be  taxed  and  col¬ 
lected  for  license  to  keep  a  pin  or  ball  alley,  for  one  year,  ten 
dollars  for  one  alley,  and  five  dollars  for  each  additional  alley. 
Ten  dollars  per  annum  shall  be  taxed  and  collected  for  each  bag¬ 
atelle  or  pigeon-hole  table. 

Sec.  3.  No  keeper  of  a  billiard  table,  ball  or  pin  alley,  shall 
suffer  or  permit  any  minor  to  frequent  or  loiter  about  the  premises 
occupied  by  him,  or  to  play  or  roll  upon  his  table  or  tables,  without 
the  previous  consent  of  the  parent,  master  or  guardian  of  such 
minor  ;  nor  shall  sell  or  deliver  any  intoxicating  liquors  contrary 
to  the  ordinances  of  the  village,  nor  shall  suffer  or  permit  any 
riotous,  noisy  or  disorderly  conduct  upon  the  premises  occupied 
by  him,  to  the  disturbance  or  annoyance  of  the  neighborhood,  or 
of  others,  under  a  penalty  of  not  less  than  fifteen  dollars,  and  not 
exceeding  one  hundred  dollars,  and  a  forfeiture  of  his  license. 


CHAPTER  IV. 

DOGS. 

Section.  Section 

1.  President’s  proclamation.  4.  Dangerous  dog  at  large  a  nuisance; 

2.  Dogs  at  large  a  nuisance;  penalty.  penalty. 

3.  Bitch  at  large  while  in  heat  de-  5.  Constable’s  and  police  constable’s 

dared  a  nuisance  ;  penalty  for  fees  and  how  collected, 

allowing  bitch  to  run  at  large  ; 
constable  or  police  to  destroy. 

Section  i.  Whenever  the  President  of  the  Village  of  Grape 
Creek  shall  deem  it  advisable  for  the  prevention  of  hydrophobia, 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


1 6 


he  may  issue  his  proclamation  requiring  all  dogs  within  the  village 
to  be  confined  or  to  be  securely  muzzled  with  a  wire  muzzle,  for 
such  time  as  may  be  designated,  or  until  otherwise  ordered,  and 
during  such  time  it  shall  be  unlawful  for  any  dog  to  go  or  be  at 
large  unmuzzled. 

Sec.  2.  All  dogs  running  at  large  within  the  village,  contrary 
to  the  provisions  of  the  preceding  section,  are  declared  a  nuisance, 
and  shall  be  killed  by  the  village  constable  of  said  village.  And 
the  owner  or  keeper  of  any  such  dog,  who  shall  knowingly  permit 
the  same  to  run  at  large  contrary  to  the  provisions  of  the  preceding 
section,  shall  be  fined  not  less  than  three  dollars,  and  not  more 
than  one  hundred  dollars. 

Sec.  3.  Any  bitch  running  at  large,  while  in  heat,  is  hereby 
declared  a  nuisance  ;  and  the  owner  or  keeper  of  any  such  bitch  so 
permitting  the  same  to  run  at  large,  while  in  heat,  shall  be  subject 
to  a  penalty  of  five  dollars,  and  the  village  constable  or  any  police 
constable  shall  destroy  such  bitch. 

Sec.  4.  Any  owner  or  keeper  of  a  fierce  or  dangerous  dog  or 
bitch,  who  shall  knowingly  permit  the  same  to  run  at  large,  to  the 
danger,  annoyance  or  damage  of  any  person  within  the  village,  shall 
be  deemed  guilty  of  a  nuisance,  and  shall  be  subject  to  a  penalty 
of  five  dollars  for  the  first  offense  ;  and  not  less  than  ten  dollars, 
and  not  exceeding  one  hundred  dollars,  for  the  second  offense  ; 
and  upon  the  second  conviction  the  village  constable,  or  any  police 
constable,  shall  destroy,  or  cause  such  dog  or  bitch  to  be  destroyed. 

Sec.  5.  The  village  constable,  or  any  police  constable,  shall 
receive  fifty  cents  for  each  dog  or  bitch  destroyed  by  him,  in 
pursuance  of  the  provisions  of  this  chapter,  and  removed  beyond 
the  limits  of  the  village  or  buried — to  be  collected  or  recovered  of 
the  owner  or  keeper  of  such  dog  or  bitch,  if  known,  in  the  same 
manner  as  fines,  penalties  and  forfeitures  are  recovered  in  other 
cases  for  violation  of  ordinances  of  said  village  ;  and  if  such 
owner  or  keeper  is  not  known,  to  be  reported  on  oath  to  the  Board 
of  Trustees,  for  allowance  and  payment. 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


l7 


CHAPTER  V. 

elections. 

Section.  Section. 

1.  Elections,  where  held;  Clerk  to  12.  Filing  returns  ;  declaring  result. 

give  notice;  special  elections.  13.  Notification  of  election. 

2.  Judges  and  Clerks  of  election;  14.  Judges  shall  maintain  order  ;  pen- 

Clerk  to  give  notice.  alty. 

3.  Vacancies  ;  how  filled.  15.  Illegal  voting  ;  penalty. 

4.  Judges  and  Clerks  of  election  to  16.  Aiding  or  abetting  in  illegal  vot- 

be  sworn  before  receiving  votes.  ing  ;  penalty. 

5.  Opening  polls  ;  proclamation  to  17.  Refusing  to  receive  legal  votes ; 

be  made.  penalty. 

6.  Ballot-box  provided  by  Village  18.  Challenging;  form  of  oath. 

Clerk.  19.  Witness  ;  form  of  oath. 

7.  Village  Clerk  to  provide  poll  lists;  20.  Receiving  illegal  vote  ;  penalty. 

form  of  list,  &c.  21.  Seizing  ballot-box  ;  penalty. 

8.  Mode  of  voting.  22.  Compensation  of  Judges  and 

9.  Qualification  of  voter.  Clerks. 

10.  Mode  of  canvassing.  23.  Closing  saloons  ;  penalty  for  sell- 

11.  Returns  ;  who  to  be  delivered  to  ;  ing. 

penalty  for  failure  to  deliver. 

Section  i  .  A  general  election  for  village  officers  shall  be  held 
on  the  third  Tuesday  in  April,  in  each  year,  at  such  place  as  may 
be  designated  by  the  Board  of  Trustees.  The  Village  Clerk  shall 
give  at  least  twenty  days’  notice,  by  posting  up  written  or  printed 
notices  thereof  in  at  least  three  of  the  most  public  places  in  the 
village,  stating  the  time  and  place  of  holding  the  election,  and  the 
officers  to  be  elected.  Special  elections  shall  be  held  and  con¬ 
ducted,  and  notice  thereof  given,  in  the  same  manner  as  general 
elections. 

Sec.  2.  The  Board  of  Trustees  shall  appoint,  at  least  ten  days 
before  each  general  election,  three  judges  and  three  clerks  of 
election,  as  prescribed  in  the  general  election  laws  of  the  State  of 
Illinois  ;  said  judges  and  clerks  to  serve  for  one  year,  or  during 
the  pleasure  of  the  Board  of  Trustees,  and  the  Village  Clerk  shall, 
without  delay  after  such  appointment,  make  out  and  deliver  to 
such  persons  a  certificate  of  appointment. 

Sec.  3.  If  any  judge  of  election  shall  refuse  to  act,  or  shall 
neglect  to  attend  at  the  time  fixed  for  the  opening  of  the  polls,  the 
vacancy  shall  be  filled  by  a  legal  voter  of  the  village,  to  be  chosen 
by  the  judges  in  attendance. 

Sec.  4.  The  judges  and  clerks  of  election  shall  respectively  and 
severally,  before  opening  the  polls,  or  receiving  any  votes,  take 
the  oath  prescribed  by  the  election  laws  of  the  State  of  Illinois  ; 
and  if  no  officer  authorized  to  administer  oaths  be  present  at  the 
opening  of  the  polls,  any  judge  may  administer  the  oath  to  the 


i8 


ORDINANCES  OF  THE  VILEAGE  OF  GRAPE  CREEK. 


other  judges  and  clerks,  and  one  of  the  judges  so  sworn  may 
administer  the  oath  to  him.  The  oath,  when  so  administered, 
shall  be  certified  to  by  the  judges  administering  the  same,  which 
oaths  shall  be  affixed  to  the  poll  lists. 

Sec.  5.  At  all  elections  the  polls  shall  be  opened  at  8  o’clock 
a.  m.,  or  as  soon  thereafter  as  the  judges  and  clerks  shall  be 
qualified,  and  shall  be  kept  open  without  intermission  until  7 
o’clock  p.  m.  When  opened,  proclamation  shall  be  made  that — 
“the  polls  are  now  open.” 

Sec.  6.  A  ballot-box,  with  a  lock  and  key,  and  an  aperture  in 
the  top  thereof  not  larger  than  will  admit  a  single  folded  ballot, 
shall  be  provided  for  the  use  of  the  judges  by  the  Village  Clerk. 
Before  receiving  any  vote  the  box  shall  be  publicly  opened  and 
examined  by  the  judges,  to  see  that  there  are  no  ballots  therein, 
and  shall  then  be  publicly  closed  and  locked,  and  the  key  taken 
by  one  of  the  judges. 

Sec.  7.  The  Village  Clerk  shall  provide  three  poll  lists,  with 
columns  ruled  for  the  name  and  number  of  each  voter.  The  poll 
lists  shall  be  in  the  following  form,  to- wit : 

Poll  list  of  voters  in  the  Village  of  Grape  Creek,  at  the  general 

election  held  at - ,  in  said  village,  on  the - day  of - , 

as  follows,  to- wit  : 


Names  of  Voters. 

No. 

Names  of  Voters. 

I 

A.  B. 

20 

U.  V. 

2 

C.  I). 

21 

W.  X. 

vS 

E.  F. 

22 

Y.  Z. 

The  clerks  of  election  shall  keep  the  poll  lists,  and  shall  write 
down  the  names  and  numbers  of  the  voters  in  the  order  in  which 
they  occur,  making  the  letter  “S”  opposite  to  the  names  of  all 
persons  who  may  be  challenged  and  sworn. 

Sec.  8.  The  mode  of  voting  shall  be  by  ballot;  and  shall  con¬ 
form  in  every  respect  to  the  provisions  of  the  laws  of  the  State 
of  Illinois  governing  elections. 

Sec.  9.  Every  person  having  resided  in  this  State  one  year,  in 
the  county  ninety  days,  and  within  the  corporate  limits  of  the 
village  thirty  days  next  preceding  any  election  therein,  and  who 
is  an  elector  in  this  State,  is  entitled  to  vote  at  any  election  for 
village  officers. 

Sec.  10.  The  mode  of  canvassing  the  votes  polled  shall  also 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


19 


be  in  strict  conformity  with  the  statute  governing  elections.  The 
clerks  shall  make  out  the  returns  of  the  election  by  writing  in  full 
the  name  of  each  person  voted  for,  the  number  of  votes  returned 
(received)  by  him,  and  the  office  for  which  he  was  voted  for.  The 
returns  shall  be  as  near  as  may  be  in  the  following  form,  to- wit: 

At  an  election  held  at - ,  in  the  Village  of  Grape  Creek,  on 

the - day  of - ,  18 — ,  the  following  named  persons  received 

the  number  of  votes  set  opposite  their  respective  names,  for  the 
following-described  offices,  to- wit: 

A.  B.  had  fifty  votes  for  Trustee. 

C.  D.  had  forty  votes  for  Clerk. 

(and  so  on  through  the  whole  list  of  officers  voted  for). 

Certified  by  us,  at  Grape  Creek,  this - day  of - : — ,  18 — . 


Judges  of  election. 


Clerks  of  election. 


SEC.  11.  On  completing  the  returns,  the  judges  shall  enclose 
them  in  three  envelopes,  with  a  poll  list  in  each,  and  shall  seal  and 
direct  them  to  the  Clerk  of  the  Village  of  Grape  Creek,  marked 
“Election  Returns.”  The  judges  shall  then  choose  one  of  their 
number,  who  shall  deliver  one  of  the  returns,  with  the  ballot-box 
and  ballots,  to  the  Village  Clerk,  within  two  days.  The  other 
returns  shall  be  given  to  another  of  the  judges,  who  shall  keep 
them  for  at  least  one  year.  If  any  judge  of  election,  chosen  to 
deliver  the  returns,  ballot-box  and  ballots  to  the  Village  Clerk, 
shall  not  deliver  the  same  safely,  with  the  seal  unbroken,  within 
two  days  after  the  election,  he  shall  be  subject  to  a  penalty  of 
not  less  than  one  hundred  dollars,  and  not  exceeding  five  hundred 
dollars. 

Sec.  12.  When  all  the  returns  shall  be  filed  with  the  Village 
Clerk,  he  shall,  without  delay,  notify  the  President  of  the  Board 
of  Trustees,  who  shall  immediately  call  a  meeting  of  the  Board  of 
Trustees.  The  Village  Clerk  shall  then,  in  the  presence  of  the 
Board  of  Trustees,  open  the  returns  and  canvass  the  same.  When 
finished,  the  Board  of  Trustees  shall  declare  the  result,  and  the 
Clerk  shall  enter  the  same  in  full  upon  the  journal,  naming  each 
person  voted  for,  the  number  of  votes  he  received,  for  what  office, 
and  who  is  elected. 

Sec.  13.  The  Village  Clerk  shall,  within  three  days  after  any 
person  is  declared  elected  to  any  office,  deliver  to  the  village 
constable,  or  any  police  constable  of  the  village,  a  written  notice, 
directed  to  the  person  elected,  notifying  him  of  his  election,  nam¬ 
ing  the  office  to  which  he  had  been  declared  elected,  and  requesting 


20 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


him  to  qualify  within  ten  days  alter  such  election.  The  constable 
shall,  without  delay,  deliver  the  notice  to  whom  it  is  directed. 

Sec.  14.  The  judges  shall  maintain  order  at  the  polls,  and  may 
command  any  peace  officer  to  arrest  any  person  who  shall  disturb 
the  peace  by  riotous  or  disorderly  conduct.  Any  person  who  at 
the  polls  shall  break  or  disturb  the  peace,  or  conduct  himself  in  a 
riotous  or  disorderly  manner,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars,  and  not  exceeding  one  hundred  dollars. 

Sec.  15.  If  any  person  illegally  vote,  or  attempt  to  vote,  at 
any  election  or  being  a  legal  voter  shall  vote,  or  attempt  to  vote, 
the  second  time  at  the  same  election,  or  shall  knowingly  vote,  or 
attempt  to  vote,  more  than  one  ballot  at  any  election,  he  shall  in 
each  case  be  liable  to  a  penalty  of  not  less  than  twenty  dollars, 
and  not  exceeding  one  hundred  dollars. 

Sec.  16.  Whoever  shall  aid,  abet  or  encourage  any  person  to 
vote,  or  attempt  to  vote,  illegally  at  any  election,  shall  be  subject 
to  a  penalty  of  not  less  than  fifty  dollars,  and  not  exceeding  one 
hundred  dollars. 

Sec.  17.  Any  judge  of  election  who  shall  refuse  to  receive  a 
vote  of  any  legal  voter,  who  shall  take,  or  offer  to  take,  the  oath 
herein  prescribed,  unless  there  shall  be  evidence  satisfactory  to  a 
majority  of  the  judges  and  clerks  that  the  vote  of  such  person  is 
clearly  illegal,  or  who  shall  receive  the  vote  of  any  person  chal¬ 
lenged  who  shall  refuse  to  take  the  oath  herein  required,  shall  in 
each  case  be  subject  to  a  penalty  of  not  less  than  twenty-five 
dollars,  and  not  exceeding  one  hundred  dollars. 

Sec.  18.  The  judges,  or  any  legal  voter  in  the  village,  shall 
have  a  right  to  challenge  any  vote,  whenever  any  person  offering 
to  vote  is  not  personally  known  to  the  judges  of  election  to  be  a 
qualified  elector  ;  and  when  his  vote  is  challenged  by  a  legal  voter 
at  such  election,  he  shall  make  and  subscribe  an  affidavit  in  the 
following  form,  which  shall  be  retained  by  the  judges  of  election 
and  returned  by  them  with  the  poll  books  : 

STATE  OF  ILLINOIS,  ) 

County  of  Vermilion,  \  h> ' 

I,  - ,  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of 

the  United  States  (or  “that  I  was  an  elector  on  the  first  day  of 
April,  A.  I).  1848,”  or  “that  I  obtained  a  certificate  of  naturaliza¬ 
tion  before  a  court  of  record  in  this  State  prior  to  the  first  day  of 
January,  A.  D.  1870,” — as  the  case  may  be)  ;  that  I  have  resided 
in  this  State  one  year,  in  this  county  ninety  days,  and  in  this 
election  district  thirty  days  next  preceding  this  election  ;  that  I 
now  reside  at -  (here  give  place  of  residence,  number  if  in 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


21 


city  or  town),  in  this  election  district  ;  that  I  am  twenty-one  years 
of  age,  and  have  not  voted  at  this  election.  So  help  me  God. 

Subscribed  and  sworn  to  before  me,  this - day  of - , 

A.  I).  1 8 — . 

Sec.  19.  In  addition  to  such  an  affidavit,  the  person  so  chal¬ 
lenged  shall  produce  a  witness  personally  known  to  the  judges  of 
election,  and  resident  in  the  precinct  (or  district),  or  who  shall  be 
proved  by  some  legal  voter  of  such  precinct  or  district  known  to 
the  judges  to  be  such,  who  shall  take  the  oath  following  : 

I  do  solemnly  swear  (or  affirm)  that  I  am  a  resident  of  this 
election  precinct  (or  district),  and  entitled  to  vote  at  this  election, 
and  that  I  have  been  a  resident  of  this  State  for  one  year  last  past, 
and  am  well  acquainted  with  the  person  whose  vote  is  now  offered  ; 
that  he  is  an  actual  and  bona  fide  resident  of  this  election  precinct 
(or  district),  and  has  resided  herein  thirty  days,  and,  as  I  verily 
believe,  in  this  county  ninety  days  and  in  this  State  one  year 
preceding  this  election. 

Sec.  20.  Any  judge  or  clerk  of  election  who  shall  knowingly 
admit  or  receive  any  illegal  vote,  or  shall  knowingly  permit  any 
person  to  vote  more  than  once  at  the  same  election,  or  to  vote 
more  than  one  ballot,  or  shall  be  guilty  of  fraud,  corruption,  par¬ 
tiality,  or  manifest  misbehavior  in  the  discharge  of  his  duties,  or 
shall  willfully  neglect  or  refuse  to  discharge  or  perform  any  duty 
herein  required,  shall  in  each  case  be  subject  to  a  penalty  of  not 
less  than  twenty-five  dollars,  aad  not  exceeding  one  hundred 
dollars. 

Sec.  21.  Whoever  shall,  at  any  election,  by  force  seize,  or 
attempt  to  seize,  and  carry  away,  any  ballot-box  or  poll  list,  shall 
be  subject  to  a  penalty  of  not  less  than  fifty  dollars,  and  not 
exceeding  one  hundred  dollars. 

Sec.  22.  The  judges  and  clerks  of  election  shall  each  be  entitled 
to  and  receive  three  dollars  for  each  day  they  shall  be  actually 
engaged  in  holding  and  conducting  any  election,  and  the  Village 
Clerk  may  draw  his  warrant  on  the  Treasurer  for  the  same  in  favor 
of  the  persons  entitled  thereto. 

Sec.  23.  No  spirituous,  malt,  vinous,  or  intoxicating  liquor 
shall  be  sold  or  given  away,  at  retail  or  otherwise,  nor  shall  any 
saloon  or  bar-room  or  place  where  such  liquor  is  sold  or  given 
away  be  open,  upon  any  general  or  special  election  day  in  said 
village.  Whoever  violates  the  provisions  of  this  section  shall  be 
fined  not  less  than  twenty  dollars  nor  more  than  one  hundred 
dollars. 


22 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


CHAPTER  VI. 


LICENSES. 

Section.  Section. 

1.  President  to  receive  applications  4.  License  subject  to  ordinance. 

and  grant  the  same.  5.  Must  be  a  resident. 

2.  Applications  :  how  made,  &c.  6.  License  not  assignable. 

3.  Terms,  and  how  issued;  date  of  7.  Form  of  license. 

license. 

Section  i  .  The  President  of  the  Board  of  T rustees  shall  receive 
applications  for  license,  and  grant  the  same  in  all  cases  where  it 
is  not  otherwise  expressly  provided,  upon  the  terms  and  condi¬ 
tions  specified  by  ordinance.  But  if  he  shall  not  feel  authorized 
to  grant  any  application  for  a  license  for  any  purpose,  he  may  report 
such  application  to  the  next  meeting  of  the  Board  of  Trustees  for 
their  action  thereon. 

Sec.  2.  Any  person  disiring  a  license  under  the  ordinances  of 
the  village,  for  any  purpose,  shall  make  a  written  application  to  the 
President  of  the  Board  of  Trustees  therefor,  stating  the  purposes 
for  which  the  same  is  desired,  for  what  length  of  time,  and  specify 
the  place  where  his  business  is  to  be  carried  on,  and,  if  required  by 
ordinance  to  file  bond  before  being  licensed,  he  shall  also  name 
his  proposed  securities  on  his  bond  in  his  application.  If  such 
application  be  granted,  it  shall  be  so  endorsed  by  the  President  of 
the  Board  of  Trustees,  together  with  the  amount  taxed  for  the 
license,  and  upon  the  filing  of  the  application  .so  endorsed  with  the 
Village  Clerk,  and  the  payment  of  the  sum  specified,  the  Village 
Clerk  shall  issue  to  such  applicant  a  license  for  the  time  and 
purpose  specified 

Sec.  3.  All  licenses  shall  expire  upon  the  first  day  of  May  next 
after  such  license  was  granted,  and  all  licenses  shall  be  signed  by 
the  President  of  the  Board  of  Trustees,  or  President  pro  tem .,  and 
countersigned  by  the  Village  Clerk,  under  the  corporate  seal.  No 
license  .shall  be  valid  until  signed  and  countersigned  as  aforesaid, 
nor  shall  any  person  be  deemed  licensed  until  a  license  be  duly 
issued  to  him. 

Sec.  a.  All  licenses  granted  shall  be  subject  to  all  ordinances 
relating  to  licenses  which  may  be  in  force  at  the  time  of  the  issuing 
thereof,  or  which  may  be  subsequently  issued  by  the  Board  of 
Trustees  ;  or  if  any  person  licensed  shall  violate  any  provisions 
of  any  ordinance  in  relation  to  his  license,  he  may  be  proceeded 
against  for  any  fine  or  penalty  imposed  thereby,  and  his  license 
inav  be  revoked  or  forfeited,  in  the  discretion  of  the  Board  of 


■ 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK.  23 


Trustees,  or  of  the  court  of  magistrate  before  whom  any  action 
may  be  brought  for  the  recovery  of  any  fine  or  penalty. 

Sec.  5,  All  persons  applying  for  license  under  the  provisions  of 
this  ordinance  for  the  purpose  of  selling  liquors  within  the  Village 
of  Grape  Creek  must  be  residents  of  said  village  aforesaid. 

Sec.  6.  No  license  granted  shall  be  assignable  or  transferable, 
nor  shall  any  person  be  authorized  to  do  business  or  act  under  such 
license  but  the  person  to  whom  it  is  granted,  or  in  any  other  place 
than  the  place  specified  therein,  nor  shall  any  license  authorize  any 
person  to  act  under  it  at  more  than  one  place  at  the  same  time,  nor 
at  any  other  time  than  is  therein  specified.  Whoever  shall  violate 
any  provisions  of  this  section  shall  be  deemed  to  be  acting  without 
license,  and  shall  be  subject  to  the  same  penalty  as  is  prescribed 
for  acting  without  license. 

Sec.  7.  licenses  may  issue,  as  near  as  may  be,  in  the  following 
form,  to-wit  : 

A.  B.,  President  of  the  Board  of  Trustees  of  the  Village  of 
Grape  Creek,  to  all  to  whom  these  presents  may  come,  greeting  : 
Know  ye,  that  C.  D.,  having  made  application  in  due  form,  filed 

bond,  paid  into  the  village  treasury - dollars,  and  in  other 

respects  complied  with  the  ordinance  of  the  village,  in  this  behalf, 
therefore,  I,  A.  B.,  President  of  the  Board  of  Trustees  of  the 
Village  of  Grape  Creek,  for  and  in  behalf  of  said  village,  do  hereby 
authorize,  empower  and  license  the  said  C.  D.  (here  set  forth  the 

business  or  purpose  of  this  license),  at - ,  for  from - . 

Nevertheless,  this  license  is  granted  upon  this  express  condition  : 
that  if  the  said  C.  D.  shall  observe  and  obey  all  ordinances  of  the 
village  which  are  or  may  be  in  force  regulating  or  relating  to  said 
business,  then  this  license  shall  be  valid  for  the  period  ;  otherwise, 
it  may  be  annulled,  revoked  or  forfeited,  at  the  option  of  the  Board 
of  Trustees,  or  in  any  other  manner  provided  by  the  ordinance. 

In  testimony  whereof,  I  have  hereunto  set  my  hand 
and  caused  the  corporate  seal  of  said  village  to  be 

[seal.]  affixed,  at  the  Village  of  Grape  Creek,  this - day 

of - ,  A.  D.  18 — . 

A.  B.,  President  of  the  Board  of  Trustees. 

E.  F.,  Village  Clerk. 


9 


24  ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


CHAPTER  VII. 


LIQUORS. 


Section.  Section. 

1.  Liquors;  license  required.  6.  License;  when  granted. 

2.  President  and  Board  of  Trustees  7.  Dramshop  to  be  closed  011  Sun- 

to  grant ;  application  to  be  in  day  ;  penalty. 

writing ;  not  to  be  granted  to  8.  Keeper  of  dramshop  to  keep 

minor.  orderly  house  ;  penalty. 

3.  Bonds  required.  9.  Liquor  not  to  be  sold  to  habitual 

4.  Application  to  state  time,  place  drunkard. 

and  names  of  sureties.  10.  License  not  to  be  assigned  ;  one 

5.  Application  for  license  to  be  place  of  business. 

presented  to  President ;  persons  11.  License  and  ordinance  to  be 
disqualified.  posted. 

Section  i.  No  person  shall,  within  the  village,  by  himself,  his 
servant  or  clerk,  directly  or  indirectly  sell,  barter,  exchange  or 
deliver,  or  otherwise  dispose  of  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors  in  a  less  quantity  than  one  gallon,  to 
be  carried  away  at  one  time  from  the  place  of  sa4e  or  delivery,  or 
in  any  quantity  whatever  to  be  drank  upon  the  premises,  or  in  or 
upon  any  adjacent  room,  building,  yard  or  premises  or  place  of 
public  resort,  without  a  license  therefor  in  accordance  with  the 
requirements  hereof,  under  a  penalty  of  not  less  than  twenty 
dollars,  and  not  exceeding  one  hundred  dollars,  for  each  offense. 

Sec.  2.  The  President,  by  and  with  the  consent  of  the  Board  of 
Trustees,  may  grant  license  to  such  person  or  persons  as  may 
apply  therefor  to  him  in  writing,-  to  retail  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquor  in  any  quantity  less  than  one 
gallon,  upon  such  person  or  persons  paying  into  the  village  treasury 
a  sum  at  the  rate  of  five  hundred  dollars  per  annum,  payable  quar¬ 
terly  in  advance,  and  entering  into  bonds  in  the  manner  required  in 
the  third  section  hereof :  Provided ,  that  no  license  shall  be  granted 
under  the  provisions  of  this  ordinance  to  any  minor. 

vSec.  3.  Before  a  license  shall  be  granted  to  keep  a  dramshop 
for  the  sale  of  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors  under  the  provisions  hereof,  the  person  or  persons  applying 
for  such  license  shall  execute  a  bond  in  the  penal  sum  of  three 
thousand  dollars,  payable  to  the  People  of  the  State  of  Illinois, 
with  at  least  two  good  and  sufficient  sureties,  freeholders  of  the 
county  in  which  the  license  is  to  be  granted,  to  be  approved  by  the 
President  and  Board  of  Trustees,  conditioned  that  the  person  to 
whom  such  license  is  granted  shall  pay  to  all  persons  all  damages 
that  they  may  sustain,  either  in  person  or  property  or  means  of 
support,  by  reason  of  the  person  so  obtaining  a  license  selling  or 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


25 


giving  away  intoxicating  liquors  as  required  by  law.  And  such 
persons  shall  also  execute  a  bond  to  the  Village  of  Grape  Creek 
in  the  sum  of  one  thousand  dollars  liquidated  damages,  signed  by 
at  least  two  freeholders  of  the  county,  each  to  the  value  over  and 
above  their  homestead  exemption  of  at  least  the  penalty  of  the 
bond  as  sureties,  to  be  approved  by  the  Board  of  Trustees,  and 
conditioned  that  the  person  to  whom  such  license  is  granted  shall 
observe  and  obey  all  laws  and  ordinances  now  in  force,  or  such  as 
may  hereafter  be  in  force,  regulating  and  governing  keepers  of 
dramshops  ;  and  any  breach  of  its  condition  shall  work  a  forfeiture 
of  the  whole  penalty  thereof,  the  amount  of  which  shall  be  recov¬ 
ered  before  any  court  having  jurisdiction.  Any  person  offered  as 
security  upon  the  first  of  the  herein  named  bonds,  payable  to  the 
People  of  the  State  Illinois,  may  be  required  by  the  President  to 
appear  in  person  before  him,  and  he  may  examine  him  under  oath 
and  require  him  to  subscribe  and  swear  to  his  statement  in  regard 
to  his  pecuniary  ability  to  become  such  security. 

Sec.  4.  Any  person  desiring  a  license,  under  the  ordinance  of 
the  village,  to  keep  a  dramshop  for  selling  at  retail  intoxicating, 
malt,  vinous,  mixed  or  fermented  liquors  in  less  quantities  than 
one  gallon,  shall  make  a  written  application  to  the  President, 
stating  the  length  of  time  for  which  he  desires  such  license,  the 
place  where  his  business  is  to  be  carried  on,  and  the  names  of  the 
persons  who  will  become  his  sureties  011  the  bond  required  by 
ordinance. 

Sec.  5.  When  application  is  made  for  a  license  to  keep  a  dram¬ 
shop  as  aforesaid,  it  shall  be  the  duty  of  the  President  to  receive 
and  present  the  same  at  the  next  meeting  of  the  Board  of  Trustees, 
and  the  Board  of  Trustees  may  grant  the  same  upon  the  terms 
and  conditions  specified  by  ordinance,  unless  the  applicant  or  one 
or  more  of  the  applicants  shall  be  a  minor,  or  shall  have  been 
convicted  of  some  crime  which  by  the  laws  of  this  State  would 
render  him,  her  or  them  infamous,  or  shall  have  been  twice  con¬ 
victed  of  violating  the  ordinance  of  said  village  concerning, 
regulating  or  governing  keepers  of  dramshops  or  retailers  of 
liquors,  or  unless  such  applicant  or  applicants  or  some  one  or  more 
of  them  shall  have  failed  or  refused,  after  having  been  once  con¬ 
victed  of  any  violation,  to  pay  the  fine  or  penalty,  or  the  cost  or 
some  part  thereof  assessed  therefor.  If  the  application  be  granted, 
the  President  shall  endorse  the  grant  thereof  on  such  application, 
together  with  the  amount  taxed  for  such  license. 

Sec.  6.  Upon  the  filing  of  the  application  so  endorsed  as  afore¬ 
said  in  the  Village  Clerk’s  office,  together  with  the  bond  aforesaid, 
conditioned  as  aforesaid,  with  such  securities  and  approved  as 
aforesaid,  and  the  approval  thereof  endorsed  thereon,  and  paying  to 
the  Village  Clerk  the  amount  required  for  such  license,  a  license  to 
retail  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors  in  any 


26 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


quantity  less  than  one  gallon,  at  the  place  named  in  the  application, 
shall  be  issued  to  such  applicant  in  the  general  form  and  manner 
prescribed  by  ordinance  of  said  village  for  other  license. 

SEC.  7.  No  keeper  of  a  dramshop,  licensed  under  the  provisions 
hereof  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors,  shall,  on  Sundays,  keep  open,  or  suffer  or  permit  to  be 
kept  open,  any  part  of  his  place  of  business,  nor  shall  on  Sundays 
in  any  manner  sell  or  deliver  any  intoxicating,  malt,  vinous,  mixed 
or  fermented  liquors,  or  suffer  or  permit  any  such  liquor  to  be  used 
or  drank  on  his  place  of  business,  or  in  any  place  adjacent  thereto 
under  his  control,  under  a  penalty  of  not  more  than  two  hundred 
dollars  for  each  offense. 

Sec.  8.  No  keeper  of  a  dramshop,  licensed  under  the  provisions 
hereof  to  retail  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors,  shall  suffer  any  violent,  tumultuous,  offensive  or  disorderly 
conduct,  or  obscene,  profane  or  unseemly  language,  quarreling, 
fighting,  or  other  disturbance  in  or  about  his  place  of  business,  or 
in  any  place  adjacent  thereto  under  his  control,  to  the  annoyance, 
disturbance  or  vexation  of  others,  under  a  penalty  of  not  less  than 
five  dollars,  nor  more  than  one  hundred  dollars,  for  each  violation. 

Sec.  9.  No  keeper  of  a  dramshop,  licensed  under  the  provisions 
hereof,  nor  any  other  person,  shall  sell,  give  or  deliver  any  intoxi¬ 
cating,  malt,  vinous,  mixed  or  fermented  liquors  to  any  habitual 
drunkard,  or  to  any  habitually  intoxicated  person,  after  having- 
been  notified  by  the  parents  or  other  relative  of  such  person  that 
he  is  an  habitual  drunkard  or  habitually  intoxicated  person,  and 
requesting  such  retailer  or  other  person  not  to  sell,  give  or  deliver 
him  any  such  liquors,  under  a  penalty  of  not  less  than  twenty 
dollars,  nor  more  than  one  hundred  dollars,  for  each  offense. 

Sec.  10.  No  license  granted  under  any  ordinance  of  the  village 
for  the  sale  of  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors  shall  be  assignable  or  transferable,  nor  shall  any  person 
be  authorized  to  do  business  or  to  act  under  such  license  but  the 
person  to  whom  it  is  granted,  or  at  any  other  place  than  the  place 
specified  therein,  without  the  consent  of  the  President  or  President 
pro  tern.,  with  the  approval  of  the  Board  of  Trustees,  to  be  certified 
on  such  license  under  his  hand  and  the  seal  of  the  village,  and 
countersigned  by  the  Village  Clerk  ;  nor  shall  any  such  license 
authorize  any  such  person  to  act  under  it  at  more  than  one  place 
at  the  same  time,  nor  at  any  other  time  than  therein  specified. 
Whoever  shall  violate  the  provisions  of  this  section  shall  be  deemed 
as  acting  without  a  license,  and  be  subject  to  the  same  penalty  as 
is  prescribed  for  acting  without  a  license. 

Sec.  11.  Every  keeper  of  a  dramshop  licensed  under  the  pro¬ 
vision  of  the  second  and  third  sections  hereof  shall  keep  his  license 
posted  up  in  some  conspicuous  place  in  his  place  of  business. 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


27 


CHAPTER  VIII. 


MISDEMEANORS. 


Section.  Section. 


1.  Unlawful  assembly;  refusal  to  dis-  24. 

perse  ;  penalty. 

2.  Assault  and  conduct  calculated  to 

provoke  a  breach  of  the  peace  ; 
penalty.  25. 

3.  Disturbance  of  the  peace,  and  use 

of  bad  language  ;  penalty.  26. 

4.  Allowing  unlawful  assembly;  pen-  27. 

alty. 

5.  Disturbing  peace  of  city  or  family.  28. 

6.  Aiding  and  abetting  unlawful  act ; 

penalty.  29. 

7  Disturbing  religious  assemblage  ; 

penalty.  30. 

8.  Disturbance  on  the  Sabbath  ;  pen¬ 


alty. 

9.  False  alarm  of  fire  or  assistance;  31. 
penalty. 

10.  Intoxication  ;  penalty.  32. 

11.  Public  indecency  ;  penalty. 

12.  Indecent  book  or  exhibition.  33. 

13.  Indecent  writing  ;  penalty. 

14.  Indecent  exhibition  of  animals.  34. 

15.  Gambling;  penalty. 

16.  Gaming  house  ;  penalty.  35. 

17.  Disorderly  or  bawdy  house,  &c. ; 

inmates,  supporters,  &c.;  pen-  36. 
alty. 

18.  Vagrancy  ;  penalty.  37. 


19.  Billiard  room  and  other  places  of 

amusement  open  on  Sunday  ;  38. 
penalty. 

20.  Play  or  amusement  on  Sunday  ;  39. 

penalty.  40. 

21.  Place  of  business  open  on  Sunday; 

penalty.  41. 

22.  Cruelty  to  dumb  animals;  penalty. 

23.  Destruction  of  property  ;  penalty. 


Fastening  animals  to  trees,  fences, 
&c.,  injuring  fences,  trees,  &c., 
trespassing  on  property ;  pen¬ 
alty. 

Fast  driving  ;  drunken  drivers  ; 
penalty. 

Teams  left  unfastened  ;  penalty. 

Vehicles  to  keep  to  the  right ;  pen¬ 
alty. 

Discharging  firearms,  &c.;  pen¬ 
alty. 

Open  cellar  excavation  on  alley  or 
sidewalk  ;  penalty. 

Selling  unwholesome  provision, 
adulterated  milk  or  liquors  ; 
penalty. 

Disturbance  in  the  night-time  by 
boys  ;  penalty. 

Flying  kites,  and  amusements  im¬ 
peding  travel  ;  penalty. 

Throwing  stones;  slings,  &c. ; 
duty  of  officers  ;  penalty. 

Climbing  on  bridges,  fences,  trees, 
&c.;  penalty. 

Disturbance  ;  assault ;  trespass  by 
boys;  penalty. 

Sticking  bills  on  premises  ;  pen¬ 
alty. 

Concealed  weapons  ;  forfeiture  of 
weapon  ;  penalty. 

Attempt  to  commit  offense  ;  pen¬ 
alty. 

Idling  around  depot ;  penalty. 

Disturbing  railroad  officer,  em¬ 
ployes  and  travelers  ;  penalty. 

Jumping  on  cars  ;  attempting  to 
ride  thereon  ;  penalty. 


Section  i.  Any  two  or  more  persons  who  shall  assemble  for 
the  purpose  of  disturbing  the  peace,  or  of  committing  any  unlawful 
act,  and  who  shall  not  disperse  when  commanded  or  requested  by 
any  peace  officer,  shall  each  and  severally  be  subject  to  a  penalty 
of  not  less  than  three  dollars,  and  not  exceeding  one  hundred 
dollars. 

Sec.  2.  Whoevershall  assault,  strike  or  fight  another,  orattempt 
or  offer  to  do  so,  or  shall  be  guilty  of  any  conduct  calculated  to 


28  ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


provoke  a  breach  of  the  peace,  shall  be  subject  to  a  penalty  of  not 
less  than  three  dollars,  and  not  exceeding  one  hundred  dollars. 

Sec.  3.  Whoever  shall  disturb  the  peace,  or  shall  be  guilty  of 
any  violent,  tumultuous,  offensive  or  disorderly  conduct,  or  shall 
use  obscene,  offensive,  profane  or  unseemly  language,  to  the 
annoyance,  disturbance  or  vexation  of  another,  or  shall  be  guilty 
of  any  conduct  calculated  to  provoke  a  breach  of  the  peace,  shall 
be  fined  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Sec.  4.  Whoever  shall  knowingly  suffer  or  permit  any  assem¬ 
blage  for  the  purpose  of  disturbing  the  peace,  or  of  committing 
any  unlawful  act,  or  any  breach  of  the  peace,  or  any  riotous, 
tumultuous,  offensive  or  disorderly  conduct,  or  any  loud  or  unusual 
noise  or  disturbance,  or  obscene,  profane  or  unseemly  language, 
to  the  annoyance,  disturbance  or  vexation  of  others,  in  or  upon 
any  premises  owned  or  occupied  by  him,  under  his  control,  shall 
be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  not 
exceeding  one  hundred  dollars. 

Sec.  5.  Whoever  shall  disturb  the  peace  and  quiet  of  the  village, 
or  any  neighborhood,  family  or  person,  by  loud  and  unusual  noise, 
shouting,  blowing  horns,  yelling,  singing,whistling,  or  by  tumult¬ 
uous  and  offensive  carriage,  or  other  boisterous  and  unseemly 
conduct,  shall  be  fined  not  less  than  three  dollars,  nor  more  than 
one  hundred  dollars. 

Sec.  6.  Whoever  shall  abet  or  encourage  any  unlawful  act,  or 
any  violation  of  any  ordinance  of  the  village,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars.  > 

Sec.  7.  Whoever  shall  willfully  or  heedlessly  disturb  any 
assembly  of  persons  met  together  for  religious  worship,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars,  and  not  exceeding 
one  hundred  dollars. 

Sec.  8.  Whoever  shall  willfully  or  heedlessly  disturb  any  lawful 
assemblage  of  persons,  or  shall  on  the  Sabbath  day  willfully  or 
heedlessly  disturb  the  peace  and  quiet  of  any  private  family, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars. 

Sec.  9.  Whoever  shall  make  any  false  alarm  of  fire,  or  any  false 
cry  for  assistance,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars,  and  not  exceeding  one  hundred  dollars. 

Sec.  10.  Whoever  shall  be  found  in  a  state  of  intoxication  in 
any  public  place,  or  in  any  place  open  to  public  view,  or  in  any 
private  house,  to  the  annoyance  of  any  person,  shall  be  subject 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


29 


to  a  penalty  of  not  less  than  two  dollars,  and  not  exceeding  fifty 
dollars. 

SEC.  11.  Whoever  shall  purposely  or  publicly  make  any  inde¬ 
cent  exposure  of  his  or  her  person,  or  shall  appear  in  a  dress  not 
belonging  to  his  or  her  sex,  or  in  any  indecent  or  lewd  dress,  or 
in  a  state  of  nudity,  or  shall  be  guilty  of  any  other  indecent  or 
lewd  act  or  behavior,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars. 

SEC.  12.  Whoever  shall  exhibit,  sell,  or  offer  to  sell,  within 
the  limits  of  said  village,  any  indecent,  obscene  or  lewd  book, 
picture,  statue,  or  other  thing,  or  shall  exhibit  or  perform  any 
indecent,  obscene  or  lewd  play,  exhibition  or  other  representation, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars. 

Sec.  13.  Whoever  shall,  in  any  place  open  to  public  view,  write, 
mark,  draw,  cut  or  make  any  obscene,  lewd  or  indecent  word  or 
sentence,  design  or  figure,  shall  be  subject  to  a  penalty  of  not  less 
than  five  dollars,  and  not  exceeding  one  hundred  dollars. 

Sec.  1 4.  Whoever  shall  indecently  exhibit  any  stud  horse,  bull, 
jackass,  or  other  animal  in  any  public  place,  or  shall  let  any  such 
animal,  except  in  some  enclosed  place  out  of  public  view,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars,  and  not  exceeding 
one  hundred  dollars. 

Sec.  15.  Whoever  shall  in  any  manner  gamble  or  play  for  any 
money  or  thing  of  value,  or  for  any  check  or  anything  representing 
or  intended  to  represent  the  same,  or  shall  set  up  any  lottery,  or 
shall  sell  or  dispose  of  for  gain  any  ticket,  chance  or  share  in  any 
lottery,  shall  be  subject  to  a  penalty  of  not  less  than  twenty-five 
dollars,  and  not  exceeding  one  hundred  dollars,  in  each  case. 

Sec.  16.  Whoever  shall  knowingly  suffer  or  permit  any  species 
of  gaming  for  money,  or  any  other  thing  of  value,  or  for  any  check 
or  other  thing  intended  to  represent  the  same,  in  any  house  or 
premises  owned  or  occupied  by  him,  under  his  control,  or  shall 
keep  or  have  in  his  possession  any  gaming  implements  for  the 
purpose  of  gaming  therewith,  shall  be  subject  to  a  penalty  of  not 
less  than  twenty-five  dollars,  and  not  exceeding  one  hundred 
dollars  in  each  case. 

Sec.  17.  Whoever  shall,  within  said  village,  keep,  maintain, 
frequent,  be  an  inmate  of,  or  connected  with,  or  contribute  to  the 
support  of  any  disorderly,  gaming  or  bawdy  house,  house  of 
ill-fame  or  of  assignation,  or  any  place  for  the  practice  of  fornica¬ 
tion,  or  shall  knowingly  suffer  or  permit  any  premises  owned  or 
occupied  by  him,  under  his  control,  to  be  used  for  any  such  pur¬ 
pose,  shall  in  each  case  be  subject  to  a  penalty  of  not  less  than  five 
dollars,  and  not  exceeding  one  hundred  dollars. 


r 


30 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


Sec.  i 8.  Any  person  able  to  work  and  maintain  himself  or 
herself  in  some  honest  or  respectable  calling,  not  having  visible 
means  of  support,  who  shall  live  idly  without  employment,  or 
loiter  or  stroll  about  begging,  or  frequenting  gaming  houses, 
disorderly  or  bawdy  houses,  groceries,  tippling  houses,  or  other 
places  where  intoxicating  liquors  are  sold,  or  shall  otherwise  lead 
an  idle  or  profligate  course  of  life  ;  or  any  person  who  shall  keep 
any  gaming  house,  or  keep  or  exhibit  any  gaming  implements  for 
the  purpose  of  gaming  therewith,  or  shall  pursue  gaming,  or  who 
shall  keep,  maintain,  or  bean  inmate  of  any  house  ol  prostitution, 
or  who  shall  have  in  his  possession  any  implements  used  for 
counterfeiting,  or  for  the  commission  of  burglary,  or  for  picking 
locks  or  pockets,  or  any  implement  or  device  used  by  cheats  and 
swindlers,  without  being  able  to  give  a  good  account  of  his  pos¬ 
session  of  the  same,  or  who  shall  trespass  upon  private  property 
in  the  night-time,  or  habitually  sleep  in  sheds,  stables,  outhouses, 
or  in  the  open  air,  without  being  able  to  give  a  good  account  of 
himself  or  herself,  shall  be  deemed  a  vagrant,  and  shall  be  subject 
to  a  penalty  of  not  less  than  ten  dollars,  and  not  exceeding  one 
hundred  dollars. 

Sec.  19.  Whoever  shall,  on  Sunday,  keep  open  any  billiard 
room,  ball  or  pin  alley,  house,  ground,  or  other  place  of  amuse¬ 
ment,  or  shall  suffer  or  permit  persons  to  assemble  therein  for  the 
purpose  of  amusement  or  play,  shall  be  subject  to  a  penalty  of 
not  less  than  five  dollars  and  not  exceeding  one  hundred  dollars. 

Sec.  20.  Whoever  shall,  on  Sunday,  disturb  the  peace  or  good 
order  of  society,  by  any  play  or  amusement,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hundred 
dollars. 

Sec.  21.  Whoever  shall,  on  Sunday  (except  in  case  of  necessity, 
or  for  charitable  purposes,  or  where  the  party  shall  conscientiously 
observe  some  other  day  of  the  week  as  the  Sabbath),  keep  open 
his  place  of  business,  or  pursue  his  daily  business  or  avocation, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars. 

Sec.  22.  Whoever  shall  inhumanly,  cruelly,  or  unnecessarily 
beat,  abuse,  or  otherwise  maltreat  any  dumb  animal,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars,  and  not  exceeding 
one  hundred  dollars. 

Sec.  23.  Whoever  shall  willfully,  maliciously  or  negligently 
break,  deface,  destroy,  or  otherwise  injure  any  public  property 
of  the  State,  county  or  village,  or  any  private  property,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars,  and  not  exceeding 
one  hundred  dollars,  and  shall  also  be  liable  for  the  costs  and 
expenses  of  repairing  the  injuries  committed,  which  shall  be  added 
to  the  penalty  and  constitute  a  part  thereof. 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


Sec.  24.  Whoever  shall,  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  fasten  any  horse,  or  other  animal,  to  any 
fence,  railing  or  tree,  or  to  any  boxing  placed  around  any  tree,  or 
shall  willfully,  maliciously,  of  negligently ,  in  any  manner  injure, 
deface,  remove  or  destroy  any  ornamental  or  shade  tree,  or  boxing 
placed  around  the  same,  or  any  shrub,  fence,  railing,  gate  or 
sign,  upon  any  public  grounds,  sidewalks  or  private  premises,  or 
shall  trespass  upon  any  private  premises,  or  public  grounds,  and 
injure,  carry  away  or  destroy  any  tree,  fruit,  vegetable,  plant, 
shrub,  or  other  thing  which  may  be  therein  for  ornament  or  other¬ 
wise,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars, 
and  not  exceeding  one  hundred  dollars. 

Sec.  25.  Whoever  shall  run,  race,  or  immoderately  ride  or  drive 
any  horse,  mule,  or  other  animal,  or  any  team  in  any  street  or 
alley  of  said  village,  or  whoever  shall  ride  or  drive  the  same,  when 
intoxicated,  or  whoever  shall  willfully  or  heedlessly  drive  any  such 
animal,  so  that  such  animal  or  any  vehicle  attached  thereto  shall 
come  into  collision  with  any  other  animal  or  vehicle,  or  shall  strike 
any  person,  shall  be  fined  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars. 

Sec.  26.  Whoever  shall  have  any  horse  or  mule,  or  any  team, 
in  any  unenclosed  or  public  place,  without  being  fastened,  guarded 
or  secured,  so  as  to  prevent  its  running  away,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars,  and  not  exceeding  one 
hundred  dollars. 

Sec.  27.  All  persons  meeting  each  other  in  vehicles  in  the  streets 
or  alleys,  or  in  any  public  place,  or  upon  or  near  any  bridge,  shall, 
unless  the  nature  or  state  of  the  roadway  or  passway  shall  render 
it  impracticable,  each  turn  and  drive  to  the  right  side,  so  as  to  pass 
each  other  without  accident  or  injury.  Whoever  shall  violate  the 
requirements  of  this  section  shall  be  subject  to  a  penalty  of  not 
less  than  three  dollars,  and  not  exceeding  one  hundred  dollars, 
and  shall  be  likewise  liable  for  all  damages  that  may  accrue  from 
collision,  unless  it  be  satisfactorily  shown  that  the  .same  occurred 
from  the  fault  or  misconduct  of  the  other  party. 

Sec.  28.  Whoever  shall,  in  the  inhabited  part  of  the  village, 
fire  or  discharge  any  cannon,  gun  or  pistol,  or  other  firearm,  shall 
be  subject  to  a  penalty  of  not  less  than  three  dollars,  and  not 
exceeding  one  hundred  dollars.  But  the  discharge  of  firearms 
upon  national  holidays,  and  the  celebration  of  other  public  or 
general  events,  or  the  discharge  of  firearms  by  the  members  of 
any  military  company,  when  on  parade,  and  in  accordance  with 
'the  command  of  the  commanding  officer,  or  by  any  village  officer 
or  person  in  the  discharge  of  any  legal  duty  or  lawful  act,  when 
the  same  may  be  done  in  such  a  manner  as  not  to  endanger  the 
safety  of  any  person,  or  the  injury  of  any  property,  shall  not  be 
deemed  violations  hereof. 


32 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


Sec.  29.  Whoever  shall,  in  the  night-time,  leave  open  any 
cellar,  cellar  door,  vault,  well,  cistern,  excavation,  ditch  or  other 
like  hole,  upon  or  adjoining  any  street,  alley  or  sidewalk,  without 
securing  or  protecting  the  same,  so  as  not  to  endanger  the  safety 
of  persons  or  animals  from  falling  therein,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  and  not  exceeding  one  hun¬ 
dred  dollars. 

Sec.  30.  Whoever  shall  knowingly  sell,  expose,  or  offer  for  sale 
any  sick  or  diseased  animal,  poultry  or  fish,  to  be  used  or  eaten 
for  food,  or  the  flesh  of  any  sick,  diseased  or  otherwise  unwhole¬ 
some  dead  animal,  poultry  or  fish,  or  the  flesh  of  any  animal,  fowl 
or  fish,  not  usually  used,  or  that  is  deemed  unwholesome  for  food, 
or  any  unwholesome  provisions  or  article  of  food  whatever,  or  any 
adulterated  or  pernicious  milk,  drink  or  liquors,  shall  be  subject 
to  a  penalty  of  not  less  than  ten  dollars,  and  not  exceeding  one 
hundred  dollars,  in  each  case  ;  and  the  President  of  the  Board  of 
Trustees  or  any  police  officer  shall  seize  or  cause  to  be  seized  and 
destroyed,  any  such  food,  milk,  drink,  or  other  provisions  so 
exposed  or  offered  for  sale. 

Sec.  31.  Any  two  or  more  boys  who  may  be  assembled  together 
and  disturbing  any  lawful  assembly  of  persons,  or  make  any 
unusual  noise  or  disturbance,  to  the  disquiet  or  annoyance  of  the 
neighborhood,  or  who  may  be  found  loitering  or  strolling  about, 
and  who  shall  not  disperse  and  go  to  their  several  homes  when 
required  by  any  police  officer,  shall  each,  severally,  be  subject  to 
a  penalty  not  exceeding  five  dollars  in  each  ca.se, 

Sec.  32.  No  boy  or  other  person  shall,  in  the  inhabited  part  of 
the  village,  use  or  drive  any  hoop,  or  play  with  any  ball,  or  use 
any  bow  and  arrow,  or  raise  and  fly  any  kite,  or  smoke  or  fire 
balloon,  or  (except  upon  national  or  other  public  and  general 
celebrations)  make  or  kindle  any  bonfire,  or  fire,  explode  or  set  off 
any  firearms,  fireball,  firecrackers,  torpedoes,  rocket,  or  other 
fireworks,  or  shall  otherwise  pursue  any  amusement  or  exercise 
calculated  to  impede  travel  or  frighten  animals,  or  injure  or  annoy 
persons  passing  along  the  streets  or  sidewalks,  under  a  penalty 
not  exceeding  five  dollars  in  each  case. 

Sec.  33.  Any  boy  or  other  person  who  shall  cast  or  throw  any 
stone,  brick,  club,  snowball,  or  other  missile  at  any  person,  or 
from  or  into  any  public  place,  or  at,  against,  into  or  upon  any 
tree,  building,  premises,  or  other  property  or  shall  use,  play  with 
or  have  in  his  possession  a  sling  of  any  character,  or  any  other 
instrument  or  device  whatsoever  for  the  casting  or  throwing  of 
stone,  bullet,  or  other  thing,  shall  be  fined  not  exceeding  twenty 
dollars.  And  it  is  hereby  made  the  duty  of  any  police  constable 
of  this  village  to  take  possession  of  and  destroy  any  such  sling, 
instrument  or  device  found  in  the  possession  of  any  such  boy  or 
person  as  aforesaid. 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


33 


Sec.  34.  Any  boy  or  other  person  who  shall  walk  upon  the  top 
of  any  bridge  or  the  railing  thereof,  or  on  the  top  or  capping  of 
any  fence  or  railing,  or  shall  climb  upon  the  same,  or  into  any 
shade,  fruit,  or  ornamental  tree,  upon  any  sidewalk  or  in  any  lot 
or  premises,  without  the  consent  of  the  owner  thereof,  or  shall 
meddle  with  any  public  well,  cistern  or  pump,  shall  in  either 
case,  be  subject  to  a  penalty  of  not  exceeding  ten  dollars. 

Sec.  35.  Any  boy  or  other  person  who  shall  willfully  or  heed¬ 
lessly  make  any  unusual  noise  or  disturbance,  to  the  disquiet  or 
annoyance  of  others,  or  shall  disturb  any  assembly  met  for  relig- 
ous  worship,  or  any  other  lawful  assembly  of  persons,  or  who  shall 
assault  or  strike  any  other  boy  or  persons,  or  who  shall  trespass 
upon  any  public  grounds  or  private  premises,  and  injure,  carry 
away,  or  destroy  any  tree,  fruit,  vegetable,  plant,  shrub,  or  other 
thing  of  value  therein,  or  who  shall  get  into  or  upon  any  wagon 
or  other  vehicle,  without  the  consent  of  the  owner  thereof,  or  shall 
otherwise  purposely  annoy  or  molest  any  other  person,  shall  be 
subject  to  a  penalty  of  not  exceeding  ten  dollars  in  each  case. 

Sec.  36.  Whoever  shall,  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  post,  put  up,  stick  or  place  any  hand¬ 
bill,  placard,  show  bill  or  notice,  upon  any  building  or  place,  or 
shall  mark,  cut,  scratch,  or  otherwise  deface  any  place,  or  any 
part  of  any  building,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars,  and  not  exceeding  one  hundred  dollars. 

Sec.  37.  Whoever  shall  carry  concealed  upon  or  about  his 
person  any  pistol,  revolver,  derringer,  bowie  knife,  dirk,  slung- 
shot,  metallic  knuckles,  or  a  razor,  as  a  weapon,  or  any  other 
deadly  weapon  of  like  character,  capable  of  being  concealed 
upon  the  person,  or  whoever  shall  in  a  threatening  or  boisterous 
manner,  flourish  or  display  the  same,  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars  ;  and  in  addi¬ 
tion  to  the  said  penalty  shall,  upon  order  of  the  magistrate  before 
whom  such  conviction  is  had,  forfeit  the  weapon  so  carried  to  the 
village. 

Sec.  38.  Whoever  attempts  to  commit  any  offense  prohibited 
by  ordinance,  and  does  any  act  towards  it  but  fails,  oris  inter¬ 
cepted,  or  prevented  in  its  execution,  where  no  express  provision 
is  made  bv  ordinance  for  the  punishment  of  such  attempt,  shall, 
on  conviction  of  such  attempts  be  subject  to  the  same  penalty  as 
by  ordinance  prescribed  for  the  actual  commission  of  the  offense. 

Sec.  39.  Any  boy  or  other  person  who  shall,  by  idling  around 
the  depot  of  any  railroad  or  the  grounds  adjoining  thereto,  and 
used  in  connection  therewith,  impede,  molest  or  obstruct  the 
officers  or  employes,  or  any  of  them,  engaged  in  running  cars  or 
locomotives  on  such  railroad,  or  in  prosecuting  their  or  his  lawful 
business  or  duties  connected  therewith,  and  shall  not,  on  being 


34 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


requested  so  to  do  by  any  such  officer  or  employe,  or  any  police 
constable  of  the  village,  immediately  leave  such  depot  or 
grounds,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be  sub¬ 
ject  to  a  penalty  of  not  exceeding  ten  dollars. 

Sec.  40.  Any  boy  or  other  person  who  shall,  by  unnecessarily 
running  about  the  depot  of  any  railroad,  or  the  grounds  used  in 
connection  therewith,  obstruct,  interrupt  or  disturb  any  officer  or 
employe  of  the  person,  company  or  corporation  having  charge  of 
and  operating  such  railroad  from  or  in  prosecuting  or  carrying  on 
the  proper,  legitimate  and  lawful  business  of  such  person, company 
or  corporation,  in  connection  with  the  operating  of  such  railroad, 
or  shall  interfere  with  or  disturb  any  traveler  or  travelers  by  such 
railroad,  or  other  person  or  persons  having  lawful  business  to 
transact  there,  shall  be  deemed  guilty  of  a  misdmeanor,  and  shall 
be  liable  to  a  penalty  of  not  exceeding  ten  dollars. 

Sec.  41.  Any  person  who  shall  jump,  or  climb  upon,  or  catch 
hold  of  and  hang  to  any  railroad  car  or  locomotive,  while  the  same 
is  in  motion,  or  who  shall  by  clinging  to  the  outside  of,  or  climb¬ 
ing  or  getting  upon  any  such  car  or  locomotive,  whether  in 
motion  or  not  at  the  time  of  clinging  to  or  climbing,  or  getting 
upon  the  same,  attempt  to  ride  thereon  from  one  place  to  another 
within  the  village,  not  being  or  intending  to  become  a  passenger 
on  such  railroad,  by  the  train  with  which  such  car  or  locomotive 
is  connected,  beyond  the  limits  of  the  village,  or  from  one  station 
to  another  on  said  railroad,  and  not  being  an  officer  or  employe, 
of  the  person,  company  or  corporation  operating  and  controling 
such  railroad,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  subject  to' a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars. 


CHAPTER  IX. 

NUISANCES. 

Section.  Section. 

1.  Nuisance  defined;refusing  to  abate;  7.  Hog  pen  when  offensive;  declared 

penalty.  a  nuisance;  penalty  for  refusing 

2.  Nauseous  liquid,  & c.,  a  nuisance  ;  to  abate  after  notice. 

penalty.  8.  Slaughter  houses,  other  offensive 

3.  Depositing  offensive  liquid  or  sub-  establishments;  penalty. 

stance  within  the  village  a  nui-  9.  Permits  for  slaughter  houses, 
sauce;  penalty.  10.  Time  for  which  permit  shall  issue. 

4.  Permitting  dead  animal  to  remain  11.  Building  in  danger  of  falling  de- 

t  in  the  village  a  nuisance;  penalty  dared  a  nuisance. 

5.  Nuisance  found;  owner  to  abate  on  12.  Duty  of  President  of  Board  of 

notice  ;  penalty.  Trustees. 

6.  Stagnant  water  on  premises  a  nui-  13.  Wliereownerorauthorofnuisance 

sance-  is  unknown,  or  cannot  be  found. 

Section  i.  Any  premises  or  any  part  thereof,  which  may  be 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


35 


nauseous,  foul  or  offensive  to  the  neighborhood,  or  to  any  person 
or  family  residing  near  the  same,  or  to  persons  passing  along  any 
street  or  alley  near  the  same,  or  which  may  be  in  such  a  •condition 
as  to  be  detrimental  or  obnoxious  to  the  public  health  or  comfort, 
shall  be  deemed  a  nuisance;  and  any  owner  or  occupant  of  such 
premises,  who  shall  refuse  or  neglect  to  abate,  remedy  or  remove 
such  nuisance,  or  cleanse  such  premises,  after  notice  thereof  by 
the  commissioner  of  streets,  or  any  police  constable,  or  any  person 
aggrieved  thereby,  shall  be  subject  to  a  penalty  of  not  less  than 
two  dollars  for  each  day  he  shall  so  neglect  to  abate,  remove, 
remedy  or  cleanse  the  same  after  such  notice. 

Sec.  2.  Any  nauseous,  foul,  offensive  or  putrid  liquid,  or  sub¬ 
stance  likely  to  become  nauseous,  foul,  offensive  or  putrid  which 
may  be  discharged,  placed,  thrown  or  flow  from  or  out  of  any 
premises  into  any  street  or  alley,  or  into  any  adjacent  premises, 
is  hereby  declared  a  nuisance;  and  whoever  shall  throw,  place  or 
discharge  any  nauseous,  foul  or  offensive  or  putrid  liquid  or  sub¬ 
stance  or  any  liquid  or  substance  likely  to  become  nauseous, 
offensive,  foul  or  putrid  into  any  street  or  alley,  or  into  any  ad¬ 
jacent  premises,  or  shall  permit  any  such  nuisance  to  flow  or  to  be 
discharged  from  or  out  of  any  premises  occupied  or  owned  by 
him,  or  under  his  control,  into  any  street  or  alley,  or  into  any 
adjacent  premises,  shall  be  subject  to  a  penalty  of  not  less  than 
two  dollars,  and  to  a  like  penalty  for  each  day  he  shall  not  abate, 
remedy  or  remove  the  same  after  notice  thereof  by  the  commis¬ 
sioner  of  streets,  or  any  police  constable,  or  any  person  agrieved 
thereby. 

Sec.  3.  Whoever  shall  deposit,  throw,  discharge  or  leave  any 
nauseous,  foul,  offensive  or  putrid  liquid,  substance  or  excre¬ 
ment,  or  any  liquid  or  other  substance  likely  to  become  nau¬ 
seous,  foul,  offensive  or  putrid  within  the  village,  shall  be 
deemed  guilty  of  a  nuisance,  and  subject  to  a  penalty  of  not  less 
than  two  dollars,  and  to  a  like  penalty  for  each  day  he  shall  not 
abate,  remedy  or  remove  such  nuisance,  after  notice  thereof  by  the 
commissioner  of  streets,  any  police  constable,  or  any  person 
aggrieved  thereby. 

SEC.  4.  Any  person  who  shall  knowingly  suffer  any  dead  ani¬ 
mal  belonging  to  him  to  remain  within  the  village,  or  within  one- 
half  mile  thereof,  so  as  to  be  likely  to  become  putrid  and  nauseous 
or  offensive  to  any  person  residing  in  the  village,  shall  be  deemed 
guilty  of  a  nuisance  and  shall  be  subject  to  a  penalty  of  not  less 
than  three  dollars. 

Sec.  5.  When  any  nuisance  or  anything  likely  to  become  a 
nuisance,  shall  be  found  by  the  commissioner  of  streets,  or  any 
police  constable,  or  any  member  of  the  Board  of  Trustees,  or  shall 
be  reported  to  them,  or  either  of  them,  the  owner,  author  or  cause 


36  ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


of  such  nuisance  shall  forthwith  be  ordered  to  abate,  remedy  and 
remove  the  same  ;  and,  in  case  he  should  not  comply  with  such 
notice,  the  officer  shall  abate  such  nuisance,  and  bring  suit 
against  such  persons  in  the  name  of  the  village,  ‘for  the  penalty, 
and  the  costs  of  the  removal  or  abatement  may  also  be  recov¬ 
ered  with  the  penalty  or  by  a  seperate  suit  in  the  name  of  the 
village,  before  any  court  having  jurisdiction.  When  any  nuis¬ 
ance  or  anything  likely  to  become  a  nuisance  may  be  found 
upon  any  premises,  and  the  owner,  author  or  cause  of  such  nuis¬ 
ance  is  unknown  or  cannot  be  found,  the  owner,  occupant  or 
agent  of  such  premises  shall  be  notified  to  abate  the  same,  and  if 
such  owner  or  agent  or  occupant,  whose  duty  it  is  to  abate  such 
nuisance,  shall  not  comply  with  such  notice,  he  shall  be  subject 
to  a  penalty  of  not  less  than  two  dollars,  and  not  exceeding  one 
hundred  dollars,  and  the  officer  shall  proceed  without  delay  to 
abate  the  same,  and  may  bring  suit  in  the  name  of  the  village 
against  the  person  liable  therefor  for  the  penalty  and  costs  of 
removal  or  abatement,  as  in  other  cases  ;  or,  if  no  person  liable 
therefor  can  be  found,  may  report  such  costs  to  the  Board  of 
Trustees  for  allowance.  When  the  owner,  author  or  cause  of 
such  nuisance,  or  the  owner  or  his  agent,  or  the  occupant  of  the 
premises  upon  which  such  nuisance  may  exist,  is  unknown  or 
cannot  be  found  within  the  village,  the  officer  shall  abate  such 
nuisance  forthwith,  without  notice,  and  may  bring  suit  in  the 
name  of  the  village  for  the  penalty  and  costs  of  removal  or 
abatement  against  the  owner  or  occupant  of  the  premises,  or  other 
person  liable  therefor,  or  if  no  person  liable  therefor  can  be  found, 
may  report  the  costs  of  such  removal  or  abatement  to  the  Board 
of  Trustees  for  allowance. 

Sec.  6.  Any  lot  or  premises  upon  which  stagnate  water  may  be 
standing  so  as  to  become  likely  to  become  putrid,  foul,  offensive, 
or  detrimental  to  the  health  and  comfort  of  persons  residing  in  the 
neighborhood  thereof,  is  hereby  declared  a  nuisance,  and  shall  be 
abated  in  the  same  manner  as  in  the  preceding  section. 

Sec.  7.  Any  pen,  place  or  premises  in  which  swine  are  kept  or 
confined,  which  may  be  offensive  or  an  annoyance  to  any  person 
residing  near  the  same,  or  to  persons  passing  along  any  street  or 
alley  near  the  same,  is  hereby  declared  a  nuisance.  And  the 
owner  or  keeper  of  such  swine,  or  the  owner  or  occupant  of  the 
premises,  who  shall  neglect  or  refuse  to  abate,  remedy  or  remove 
such  nuisance,  after  notice  thereof  by  the  commissioner  of  streets, 
or  any  police  constable  or  any  person  aggrieved  thereby,  shall  be 
subject  to  a  penalty  of  not  less  than  two  dollars  for  each  day  he 
shall  so  neglect  or  refuse  to  abate,  remedy  or  remove  such  nuis¬ 
ance  after  such  notice. 

Sec.  8.  Whoever  shall  locate,  erect,  carry  on,  occupy  or  use, 
any  slaughter  house,  for  slaughtering  animals,  or  any  packing 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


37 


house,  soap  factory,  tallow  chandlery,  bone  factory,  or  any 
establishment  for  rendering  lard,  tallow,  offal,  dead  animals  or 
other  substances  of  like  nature,  within  the  limits  of  said  village 
or  within  the  distance  of  one  mile  without  the  village  limits, 
without  the  permission  of  the  Board  of  Trustees,  shall  be  deemed 
guilty  of  a  nuisance,  and  shall  be  fined  not  less  than  five  dollars, 
nor  more  than  one  hundred  dollars. 

Sec.  .9.  Any  person  desiring  to  obtain  a  permit  to  locate  or 
operate  a  slaughter  house,  or  any  of  the  establishments  enum¬ 
erated  in  section  ten  of  this  chapter,  within  limits  of  said  village, 
or  within  one  mile  without  said  limits,  shall  make  a  written 
application  therefor  to  the  Board  of  Trustees,  stating  the  busi¬ 
ness  he  is  desirous  of  pursuing,  and  specifying  the  location  or 
premises  where  the  same  is  to  be  conducted.  Said  Board  of 
Trustees  may  thereupon  grant  the  said  permit  in  its  discretion, 
and  if  said  permit  is  granted  the  applicant,  before  he  can  do  busi¬ 
ness  under  the  same,  shall  execute  to  the  said  village  a  bond  in 
the  penal  sum  of  five  hundred  dollars,  with  one  or  more  surieties 
to  be  approved  by  the  Board  of  Trustees,  conditioned  that  the 
said  applicant  will  comply  with  all  ordinances  then  or  thereafter 
in  force  regulating  such  establishments,  or  such  business,  and 
that  he  will  pay  all  fines  or  penalties  or  judgments  recovered 
against  him  by  such  village  before  any  court  of  competent  juris¬ 
diction,  for  the  violation  of  any  ordinance  of  said  village  relating 
to  said  business,  and  that  he  will  also  pav  all  costs,  charges  or 
expenses  incurred  by  said  village,  or  any  of  its  officers,  in  cleans¬ 
ing  or  renovating  the  premises,  or  in  abating  or  removing  an5' 
nuisances  thereon,  where  the  said  business  shall  be  carried  on. 

Sec.  10.  Where  any  person  to  whom  any  such  permit  shall  be 
granted,  shall  be  convicted  of  a  violation  of  any  ordinance  of  the 
village  regulating  such  establishments,  before  any  court  of 
competent  jurisdiction,  then  the  village  board  in  its  discretion 
may  revoke  such  permit,  and  declare  the  same  null  and  void. 

Sec.  11.  Any  building  or  erection,  or  part  thereof,  which  shall 
be  in  danger  of  falling,  or  otherwise  in  such  a  condition  as  to 
endanger  the  safety  of  persons  passing  under  or  near  the  same, 
or  residing  adjacent  thereto,  or  to  endanger  any'propertv  contig¬ 
uous  thereto,  is  herby  declared  to  be  a  nuisance. 

Sec.  12.  When  knowledge  of  any  such  dangerous  building  or 
erection  shall  come  to  the  President  of  the  Board  of  Trustees,  he 
shall,  without  delay,  summon  three  disinterested  citizens  of  the 
village,  who  shall  with  him  inspect  such  building  or  erection, 
if  they,  or  a  majority  of  them,  shall  be  of  the  opinion  that  the 
same  endagers  the  safety  of  persons  passing  under  or  near  the 
same,  or  residing  adjacent  thereto,  or  any  property  contiguous 
thereto,  the  President  of  the  Board  of  Trustees  shall  without 
delay  notify,  or  cause  to  be  notified  the  owner  or  person  having 


38  ORDINANCES  OF  THE  VIEKAGE  OF  GRAPE  CREEK. 


charge  of  such  building  or  erection  forthwith  to  remove,  demol¬ 
ish  or  otherwise  secure  the  same,  or  such  part  thereof  as  may  be 
necessary  ;  and  upon  his  failing  or  refusing  to  comply  with  such 
notice,  the  President  of  the  Board  or  Trustees  shall,  without 
delay,  cause  such  building  or  erection,  or  such  part  thereof  as 
may  be  necessary  to  be  removed,  demolished  or  otherwise  secured, 
so  as  to  be  safe  and  harmless,  and  the  owner  of  such  building  or 
erection,  or  person  having  charge  of  the  same,  who  shall  fail  or 
refuse  to  comply  with  such  notice,  shall  be  subject  to  a  penalty 
of  not  less  than  twenty  dollars,  and  not  exceeding  one  hundred 
dollars;  and  the  costs  of  removing,  demolishing  or  securing  such 
building  or  erection,  shall  be  reported  to  the  village  board  by  the 
President  of  the  Board  of  Trustees,  and  the  same  may  be  col¬ 
lected  of  the  owner  of  such  building  or  erection,  or  person 
having  the  same  in  charge,  by  suit  in  the  name  of  the  village, 
before  any  court  having  jurisdiction. 

SEC.  13.  When  any  nuisance,  or  anything  likely  to  become  a 
nuisance,  is  found  upon  any  premises,  and  the  owner,  tenant  or 
occupant  of  said  premises,  or  the  author  or  cause  of  said  nuis¬ 
ance  cannot  be  found,  or  is  unknown,  the  village  constable,  or 
any  police  constable  of  said  village,  shall  forthwith  enter  upon 
such  premises,  and  abate,  remedy  or  remove  such  nuisance.  The 
village  constable  shall  report  to  the  Board  of  Trustees  the  cost 
and  expense  of  the  abatement  of  such  nuisance,  and  a  suit  to  recover 
the  amount  thereof  shall  be  instituted  in  the  name  of  the  village 
against  the  owner  or  occupant  of  said  premises  or  against  the 
author  of  such  nuisance  in  any  court  of  competent  jurisdiction 
where  he  shall  be  found. 


CHAPTER  X. 

ORDINANCES. 

Section.  Section. 

1.  Repeal  ;  publication.  10.  Prosecutor  mav  choose  under  dif- 

2.  Conflict,  &c.  %  .  ferent  ordinances. 

3.  “  Court  ”  defined.  11.  Words  reasonable  time”  ex- 

4.  Repeal  of  repealing  ordinance.  plained. 

5.  Construction  of  words.  12.  £)nty  of  Village  Clerk  on  pas- 

6.  Same.  sages  of  ordinances. 

7.  Powers  of  acting  President  of  Vil-  13.  Same. 

lage;  village  constable  extended  14.  Ordinances;  when  in  force, 
to  police  constables.  15.  Old  ordinances  to  remain  in  force. 

<8.  Ordinances  liberally  construed. 

9.  Repeal  of  ordinance  ;  release  from 
penalty  under  same. 

Section  i.  When  any  ordinance  or  part  of  an  ordinance  shall 
be  repealed  or  modified  by  a  subsequent  ordinance,  the  ordinance 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK 


39 


or  part  of  an  ordinance  thus  repealed  or  modified  shall  continue 
in  force  until  the  publication  or  the  ordinance  repealing  or 
modifying  the  same,  unless  it  shall  be  therein  otherwise  expressly 
provided. 

Sec.  2.  When  the  provisions  of  different  ordinances  or  of  the 
different  chapters  of  any  ordinance  conflict  with  or  contravene 
each  other,  the  provisions  and  requirements  of  each  ordinance  or 
chapter  shall  prevail  as  to  all  subjects,  matters  and  questions, 
arising  out  of  or  embraced  within  the  subject  matter  thereof. 
But  if  different  provisions  be  found  in  different  sections  of  the 
same  ordinance,  the  provisions  of  the  section  which  is  last  in 
numerical  order  shall  prevail,  unless  such  construction  would  be 
repugnant  to  or  inconsistent  with  the  meaning  of  such  ordinance 
or  chapter. 

SEC.  3.  The  word  “  court,”  when  used  in  any  ordinance,  shall 
be  construed  to  mean  any  court  of  competent  jurisdiction,  whether 
police  magistrates’  courts,  justices  of  the  peace,  or  other  courts 
of  record. 

Sec.  4.  No  ordinance  or  part  of  any  ordinance,  repealed  by  any 
other  ordinance,  shall  be  revived  by  the  repeal  of  the  repealing 
ordinance,  unless  it  shall  be  therein  otherwise  expressly  provided. 

Sec.  5.  When  in  any  ordinance  words  importing  the  singular 
number  are  used  in  reference  to  any  person  or  subject  matter,  such 
words  shall  be  deemed  to  extend  to  and  embrace  several  persons, 
matters  or  subjects,  and  words  used  collectively  or  importing 
plural  number  shall  be  deemed  to  extend  to  and  embrace  any 
singular  person,  matter  or  subject  as  well  as  to  several;  and  when 
any  person  or  subject  matter  shall  be  named,  referred  to  or  described 
by  words  importing  the  masculine  gender,  or  by  general  terms, 
females  as  well  as  males  shall  be  deemed  included  in  the  meaning 
and  terms  thereof,  and  the  words  “  person  ”  and  “  persons,”  or 
words  importing  any  person  or  persons,  shall  be  deemed  to  in¬ 
clude  corporations  as  well  as  individuals. 

Sec.  6.  The  word  “month,”  when  used  in  any  ordinance, 
shall  be  construed  to  mean  a  calendar  month,  and  the  word 
“  oath  ”  shall  be  deemed  to  include  an  affirmation,  and  the  word 
“sworn”  to  mean  sworn  or  affirmed. 

Sec.  7.  When  any  duty  shall  be  required  of  or  power  vested  in 
the  President,  the  same  shall  be  deemed  to  extend  to  and  em¬ 
brace,  and  may  be  exercised  by  the  acting  President  or  President 
pi'o  tern  also,  and  when  any  duty  shall  be  required  of  or 
power  vested  in  the  village  constable,  the  same  shall  be  deemed 
to  extend  to  and  embrace  and  may  be  exercised  by  policemen, 
unless  such  construction  would  be  contrary  to  the  terms  of  the 
ordinance  or  in  derogation  of  the  village  charter. 

Sec.  8.  The  rules  of  construction  herein  prescribed  shall  apply 


40 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


in  all  cases,  unless  it  shall  be  otherwise  expressly  provided  in  the 
ordinance,  or  unless  there  be  something  in  the  subject  matter  or 
context  thereof  repugnant  to  such  construction,  and  all  general 
terms,  provisions,  phrases  or  expressions  used  in  any  ordinance 
shall  be  liberally  construed,  in  order  that  the  true  meaning  and 
intent  of  the  Board  of  Trustees  may  be  carried  out. 

Sec.  9.  No  fine,  forfeiture,  penalty,  right,  action,  suit,  debtor 
other  liability  whatever,  created,  instituted,  incurred  or  accrued 
by  or  under  any  ordinance,  prior  to  its  repeal  or  modification, 
shall  be  released,  discharged,  amended  or  repealed,  or  in  anywise 
affected  by  the  passage  of  such  repealing  or  modifying  ordinance, 
but  the  same  may  be  prosecuted,  recovered  or  enjoyed,  or  any 
suit  or  other  proceeding  commenced  or  completed  thereon,  as 
fully,  and  in  the  same  manner  in  all  respects,  as  if  such  ordinance 
or  part  thereof  had  remained  in  full  force,  unless  it  shall  be  other¬ 
wise  expressly  provided  in  the  ordinance  making  such  repeal  or 
modification. 

Sec.  10.  When  any  fine  or  penalty  shall  be  imposed  by  differ¬ 
ent  ordinances,  or  sections  or  clauses  of  different  ordinances,  for 
the  same  offense,  the  officer  or  other  person  prosecuting  may 
choose  under  which  ordinance  or  section  to  proceed,  and  a  recov¬ 
ery  under  the  same  shall  be  a  bar  to  any  further  proceedings 
under  any  other  provision  for  the  same  offense. 

SEC.  1 1.  When  in  any  ordinance  any  act  shall  be  required  to  be 
done  within  a  “reasonable  time,”  or  upon  a  “reasonable  notice,” 
such  reasonable  time  or  reasonable  notice  shall  be  deemed  to 
mean  such  time  only  as  may  be  necessary  in  the  prompt  execu¬ 
tion  of  such  duty  or  compliance  with  such  notice. 

Sec.  12.  All  ordinances  passed  by  the  Board  of  Trustees  shall 
be  enrolled  by  the  village  clerk  in  the  record  book  of  ordinances, 
and  shall  be  properly  indexed  by  their  titles  or  subjects,  and  he 
shall,  without  delay,  cause  all  ordinances  to  be  published  in  the 
newspapers  authorized  to  publish  the  ordinances  of  the  village, 
with  his  certificate  under  the  corporate  seal  attached  that  the 
same  is  a  true  and  authentic  copy  of  the  original  ordinance  (or 
ordinances),  and  that  it  is  printed  and  published  by  authority  of 
the  Board  of  Trustees.  He  shall  procure  an  affidavit  of  the 
printer  or  the  publisher  of  the  newspaper  publishing  the  ordi¬ 
nances  of  the  village,  of  the  due  publication  of  such  ordinance, 
and  attach  the  same  to  the  original  ordinance,  or  he  may  write 
and  attest  such  affidavit,  or  any  other  competent  proof  of  such 
due  publication  upon  the  face  of  the  record  of  ordinance. 

Sec.  13.  The  Village  Clerk  shall  file  and  preserve  the  originals 
of  all  ordinances  in  his  office,  and  he  may  correct  any  errors  in 
the  numbering  of  any  chapter  or  section  of  any  ordinance,  and 
insert  the  proper  numbers;  and  he  may  omit  words  inserted,  or 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


41 


supply  with  brackets  words  omited  by  clerical  mistake.  He 
shall  attend  to  the  printing  of  all  ordinances  requiring  publica¬ 
tion  or  ordered  to  be  published,  and  read  the  proof  sheets  thereof, 
and  see  that  they  are  correctly  and  properly  printed  and  published. 

SEC.  14.  All  ordinances  passed  by  the  Board  of  Trustees  and 
requiring  publication,  shall  be  in  force  from  and  after  due  publi¬ 
cation  thereof,  unless  it  shall  be  therein  otherwise  expressly  pro¬ 
vided.  All  ordinances  or  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

SEC.  15.  All  ordinances  now  in  force  in  the  Village  of  Grape 
Creek,  and  not  inconsistent  with  these,  the  revised  ordinances, 
shall  remain  in  force  under  these  ordinances  until  altered,  modi¬ 
fied  or  repealed  by  the  Board  of  Trustees,  after  these,  the 
revised  ordinances,  shall  take  effect. 


CHAPTER  XI. 


OFFICERS  AND  THEIR  DUTIES. 


Section 

1.  Officers  appointed. 

2.  Oath  of  office. 

3.  Commission. 

4.  Money  collected  to  be  paid  i 

treasury,  &c. 

5.  Bond  of  Clerk. 

6.  Duty  of  Clerk. 

7.  Bond  of  Treasurer. 


Section. 

8.  Duty  of  Treasurer. 

9.  Bond  of  Constable  and  Street 

Commissioner. 

10.  Duty  of  Street  Commissioner. 

11.  Salaries  of  Officers. 

12.  Bonds  of  village  officers. 

13.  May  employ  counsel. 


Section  i.  There  shall  be  appointed  annually  by  the  Presi¬ 
dent  and  Board  of  Trustees  of  the  Village  of  Grape  Creek,  at  the 
first  regular  meeting  of  the  Board  of  Trustees  held  after  the 
annual  election  for  trustees,  or  as  soon  thereafter  as  practicable, 
the  following  name  village  officers,  to-wit:  Treasurer,  Con¬ 
stable  and  Street  Commissioner,  each  of  whom  shall  hold  his 
respective  office  untill  his  successor  is  appointed  and  qualified. 

Sec.  2.  Each  of  said  officers  shall,  before  entering  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the  following 
oath  or  affirmation  : 

“  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I 
will  support  the  Constitution  of  the  United  States,  and  the  Con¬ 
stitution  of  the  State  of  Illinois,  and  that  I  will  faithfully  dis¬ 
charge  the  duties  of  the  office  of - according  to  the  best  of  my 

ability.” 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the 
office  of  the  Village  Clerk. 


4 2  ORDINANCES  OK  THE  VILLAGE  OF  GRAPE  CREEK. 


Sec.  3.  When  any  such  officer  shall  have  taken  and  subscribed 
the  foregoing  oath,  or  affirmation,  and  given  bond  as  hereinafter 
required,  the  Village  Clerk  shall  make  and  deliver  to  him  a  com¬ 
mission  under  the  corporate  seal  of  the  village.  Said  commis¬ 
sion  shall  be  signed  by  the  President  of  the  Board  of  Trustees, 
and  the  Village  Clerk,  and  shall  be  substantially  as  follows,  viz  : 

“A.  B.,  President  of  the  Board  of  Trustees  of  the  Village  of 
Grape  Creek,  greeting  : 

“  Know  ye,  that  C.  D.,  having  been  duly  appointed  and  qual¬ 
ified  to  the  office  of - of  the  Village  of  Grape  Creek,  I, 

A.  B.,  President  of  the  Board  of  Trustees  of  said  village,  for  and 

in  behalf  of  the  people  thereof,  do  hereby  commission - in 

and  for  said  village,  to  have  and  possess  said  office,  with  all  the 
rights,  powers  and  emoluments  incident  thereto,  with  authority 
to  execute  all  the  duties  thereof  according  to  law,  untill  his  suc¬ 
cessor  shall  be  duly  chosen  and  qualified. 

I11  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused 

the  corporate  seal  of  said  village  to  be  affixed  thereto,  this - 

day  of - ,  A.  D.  189 — . 

A.  B.,  President  of  the  Board  of  Trustees. 

C.  D.,  Clerk. 

Sec.  4.  All  officers  collecting  or  receiving  any  moneys  on 
account  of  the  village,  shall  pay  the  same  as  fast  as  collected  into 
the  village  treasury,  in  the  same  kind  of  funds  as  received  by 
them,  and  shall,  on  the  first  regular  meeting  of  each  month, 
report  to  the  Board  of  Trustees  an  accurate  statement  in  writing 
of  all  the  moneys  received  by  them  the  preceding  month,  specify¬ 
ing  the  amount,  from  whom,  and  on  what  account  received.  No 
officer  shall  retain  any  moneys  received  or  collected  by  him 
towards  the  payment  of  any  salary  or  fees  which  may  be  coming 
to  him  from  the  village,  but  shall  pay  the  same  into  the  treasury 
Any  officer  violating  any  provision  of  this  section  shall  be 
subject  to  a  fine  of  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars. 

Sec.  5.  The  Village  Clerk  shall  give  bond  in  the  penal  sum  of 
not  less  than  one  hundred  dollars,  with  security  to  be  approved 
by  the  Board  of  Trustees,  conditioned  for  the  faithful  perform¬ 
ance  of  the  duties  of  his  office  according  to  law  and  the  ordin¬ 
ances  of  said  village,  and  that  he  will  promptly  pay  over  to  the 
Village  Treasurer  all  moneys  coming  into  his  hands  belonging 
to  the  village  ani  that  he  will,  at  the  expiratio  1  ofhis  term  of 
office,  turn  over  to  his  successor,  or  the  Board  of  Trustees,  all 
books,  papers  and  other  property  coming  into  his  hands  as  Clerk. 
vSaid  bond  shall  be  deposited  with,  and  be  kept  by,  the  Treasurer 
of  said  village. 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


43 


Sec.  6.  It  shall  be  the  duty  of  the  Village  Clerk  to  attend  all 
meetings  of  the  Board  of  Trustees,  keep  a  full  and  correct  journal 
of  its  proceedings,  and  to  record  at  length  all  ordinances  passed 
by  said  Board  ;  to  carefully  preserve  in  his  office  all  books, 
records  and  papers  belonging  to  the  village  which  may  come  into 
his  hands;  to  keep  full  and  complete  accounts  and  exhibits  ot  all 
financial  transactions  of  the  village  in  books  as  provided  for  that 
purpose;  and  to  preserve  in  his  office  all  bills  on  which  any  money 
may  be  paid  out  by  said  village  ;  and  said  clerk  shall  also  keep  a 
cash  book,  showing  the  financial  condition  of  the  village  at  all 
times;  he  shall  also  prepare  a  blank  appropriation  ordinance  and 
present  the  same  to  the  Board  to  be  filled  by  them  at  the  first 
regular  meeting  of  the  Board  of  Trustees  in  June  of  each  year  ; 
also  prepare  a  blank  for  the  annual  levy  of  taxes  and  submit  the 
same  to  said  Board  by  the  first  regular  meeting  in  August  of  each 
year. 

Sec.  7.  The  Treasurer  shall  give  bond  in  the  penal  sum  of  not 
less  than  one  thousand  dollars,  with  security  to  be  approved  by 
the  Board  of  Trustees,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office,  and  the  payment  of  all  moneys  re¬ 
ceived  by  him,  according  to  law  and  the  ordinances  of  said  vil¬ 
lage.  Which  bond  shall  be  filed  with  the  Village  Clerk. 

SEC.  8.  It  shall  be  the  duty  of  the  Treasurer  to  keep  a  record 
of  all  financial  operations  of  the  village  ;  receive  all  moneys  be¬ 
longing  to  the  village,  and  be  responsible  for  the  same  ;  keep  a 
regular  account  of  all  moneys  received  and  paid  out.  He  shall,  at 
the  end  of  each  month,  render  an  account  to  the  Board  of 
Trustees  under  oath,  showing  the  state  of  the  treasury  at  the  date 
of  such  account,  and  the  balance  of  money  in  the  treasury.  He 
shall  also  file  copies  of  all  receipts  with  the  Clerk  at  the  date  of 
his  monthly  reports.  He  shall  pay  out  no  money  except  on  war¬ 
rants  therefor  signed  by  the  President  of  the  Board  of  Trustees, 
and  countersigned  by  the  Clerk.  No  such  warrants  shall  be  so 
paid  unless  the  same  are  in  the  form  prescribed  by  the  statute  of 
the  State  of  Illinois.  The  Treasurer  shall  perform  such  other 
duties  as  are  required  by  the  statute  of  the  State  of  Illinois,  and 
shall  post  an  annual  statement  of  the  financial  operations  of  said 
village  for  at  least  ten  days  prior  to  the  annual  election  for 
village  officers,  which  statement  shall  be  so  posted  at  the  usual 
place  of  voting  for  village  officers. 

Sec.  9.  The  Village  Constable  and  Street  Commissioner  shall 
each  give  bonds  in  the  penal  sum  of  five  hundred  dollars  with 
security  to  be  approved  by  the  Board  of  Trustees,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office,  and  payment 
of  all  moneys  collected  by  him  belonging  to  the  village,  accord¬ 
ing  to  law  and  ordinances  of  said  village. 


44 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


Sec.  io.  It  shall  be  the  duty  of  the  Street  Commissioner  to 
superintend  the  streets,  roads,  alleys  and  sidewalks  in  the  vil¬ 
lage  ;  to  keep  the  same  in  repair  ;  to  superintend  and  direct  all 
labor  performed  thereon;  to  inspect  all  streets,  alleys  and  private 
premises,  in  quest  of  nuisances,  with  a  view  to  the  cleanliness 
and  health  of  the  village,  at  least  once  a  week  during  the  months 
of  May,  June,  July,  August  and  September,  and  perform  such 
other  and  further  duties  as  may  be  prescribed  by  the  ordinances 
of  said  village,  or  the  order  of  Board  of  Trustees,  or  its  com¬ 
mittee  on  Streets  and  Alleys.  He  shall  receive  such  compensa¬ 
tion  for  his  services  as  the  Board  of  Trustees  may  direct,  not  to 
exceed  two  dollars  per  day  of  eight  hours  each,  for  each  day’s 
labor  actually  performed. 

Sec.  ii.  The  salaries  of  all  village  officers,  except  as  other¬ 
wise  provided,  shall  be  fixed  each  year  by  the  Board  of  Trustees 
at  the  first  regular  meeting  in  May,  and  when  so  fixed  shall  not 
be  changed  during  the  municipal  year.  The  fees  of  the  Police 
Magistrate  shall  be  as  follows,  to-wit  : 


For  each  summons,  warrant  or  subpoena . 

“  taking  each  complaint . 

“  each  continuance . 

“  administering  oath  to  each  person . 

‘  ‘  entering  j udgment . 

“  issuing  execution . 

“  taking  security  for  costs . . . 

“  entering  application  for  appeal . 

“  taking  bond  on  appeal . 

“  each  transcript  in  each  case  of  appeal  or  change  of 

venue . . 

“  docketing  each  suit . 

“  issuing  jury  warrant . 

“  each  recognizance  to  appear  for  trial . 

“  each  mittimus . . . 

“  each  liberate . 

“  entering  verdict  of  jury . ' . 

“  each  order  of  judgment  thereon . 

“  each  order  issued  to  any  constable  or  other  person . 

“  taking  replevy  bond . 

“  trial  . 


35  cts. 


35 

i5 

05 

25 

25 

25 

25 

25 


4  4 

4  4 
4  4 
4  4 
4  4 
4  1 
4  4 
4  4 


50 

25 

25 

50 

50 

50 

15 

25 

35 

35 


4  V 

4  4 
4  4 

4  4 
4  4 
4  4 

4  4 

4  4 

4  4 
4  4 


$2  OO 


The  fees  of  the  Village  Constable  or  Police  Constable  shall  be 
as  follows,  to-wit  : 

Serving  each  summons .  35  cts. 

Serving  warrant  on  each  person . .  50  ‘ ' 

Mileage  per  mile  each  way  from  office  of  magistrate  to  resi¬ 
dence  of  defendant . .  5  “ 

Arrest  without  warrant . .  $1  00 


ORDINANCES  OF  THE  VI  EE  AGE  OF  GRAPE  CREEK. 


45 


Taking  each  person  to  jail .  75  cts. 

Serving  and  returning  execution .  50  “ 

Advertising  property  for  sale .  50  ‘  ‘ 

Serving  each  notice . : .  35  “ 

Removing  nuisance .  75  “ 

Commission  on  sales  not  exceeding  ten  dollars,  ten  per  centum; 
011  all  sales  exceeding  that  sum,  five  per  centum.  And  for  other 
services,  the  same  fees  they  would  be  entitled  to  for  a  similar 
service  under  the  laws  of  the  State. 

The  fees  of  the  Village  Clerk,  in  addition  to  his  salary  for  at¬ 
tendance  at  meetings  shall  be  as  follows,  to-wit  :  For  the  writ¬ 
ing  and  posting  of  each  advertisement  or  notice  twenty-five  cents 
each,  and  to  each  notice  of  officers  elected  fifteen  cents,  for  each 
license  issued  twenty-five  cents,  for  recording  any  instrument  of 
writing  fifteen  cents  for  each  one  huundred  words  or  less,  for 
transcribing  any  instrument  of  writing  from  the  records  of  his 
office  twenty-five  cents  for  each  one  hundred  words  or  less,  to  be 
paid  for  by  the  parties  getting  the  same,  and  for  each  instrument 
of  writing  filed  in  his  office  fifteen  cents  ;  and  for  all  other  ser¬ 
vices  not  specified  above,  the  same  fees  as  are  allowed  to  the  town 
clerk  under  the  laws  of  the  State. 

Sec.  12.  The  Board  of  Trustees  may,  by  an  ordinance,  require 
any  village  officer,  before  entering  upon  the  discharge  of  the 
duties  of  his  office,  to  execute  bond  to  the  village  in  such  sum  as 
may  be  named  in  the  order,  and  with  such  sureties  as  they  may 
approve.  But  no  member  of  the  Board  of  Trustees,  or  officer  of 
the  village,  shall  be  received  as  surety  on  the  official  bond  of  any 
village  officer.  The  Board  of  Trustees  may  at  any  time  require  a 
new  bond  to  be  executed  by  any  village  officer,  if  from  any  cause 
they  shall  deem  the  old  bond  insufficient,  or  the  surieties  thereon; 
but  the  execution  of  such  new  bond  shall  not  in  any  manner 
effect  any  liability,  loss  or  damage  incurred  under  the  old  bond, 
or  release  the  surieties  from  any  liabilities  incurred  thereon. 

SEC.  13.  The  President  and  Board  of  Trustees  may  employ 
counsel  for  any  length  of  time  not  exceeding  two  years,  and  it 
shall  be  the  duty  of  said  counsel  when  employed,  to  attend  all 
regular  meetings,  to  draft  all  ordinances  when  required  to  do  so, 
prosecute  all  cases  for  violation  of  the  village  ordinances  or 
against  any  of  the  village  officers  on  account  of  their  official  acts, 
to  furnish  his  written  opinion  on  any  subject  submitted  to  him  by 
the  President  and  Board  of  Trustees  and  to  report  to  said  Board 
concerning  any  suit  to  which  said  village  is  a  party,  when 
required  to  do  so  by  the  Board. 


46  ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


CHAPTER  XII. 
peddeers. 

Section.  Section. 

1.  Selling  without  license  ;  penalty.  4.  Not  to  enter  private  dwellings  ; 

2.  Peddlers  defined.  •  penalty,  etc. 

3.  Tax  for  license  to  peddlers,  &c.  5.  Discretion  of  President  in  cases  of 

charity. 

Section  i.  No  person  shall  hawk  or  peddle  merchandise  or 
other  articles  of  value  in  the  village,  without  a  license  therefor, 
under  a  penalty  of  not  less  than  three  dollars,  and  not  exceeding 
fifty  dollars,  for  each  offense. 

Sec  2.  All  sales  of  goods  or  merchandise  made  by  any  person 
remaining  transiently  in  the  village,  for  the  purpose  of  disposing 
of  the  same  by  retail,  or  by  traveling  or  going  about  from  one 
place  to  another,  with  goods  or  merchandise,  and  selling  or  dis¬ 
posing  of  the  same  by  retail,  shall  be  deemed  peddling  under  the 
provisions  hereof. 

Sec.  3.  For  a  license  to  hawTk  or  peddle  there  shall  be  taxed 
and  collected  not  less  than  fifty  cents  per  day;  provided ,  however, 
that  a  license  may  issue  for  one  year  on  the  payment  of  five  dol¬ 
lars.  No  license  shall  be  required  for  peddling  or  vending  of,  or 
marketing  vegetables,  fruits,  cakes,  nuts  and  other  like  refresh¬ 
ments. 

Sec.  4.  No  peddler  shall  enter  any  private  dwelling  in  this  vil¬ 
lage  without  being  admitted  into  the  same,  or  shall  insist  upon 
the  showing  or  sale  of  his  goods  or  wares  to  any  person,  after 
being  told  by  such  person  that  he  or  she  does  not  wish  to  pur¬ 
chase  the  same,  or  shall  otherwise  vex  and  annoy  any  person, 
under  a  penalty  of  not  less  than  three  dollars,  and  not  exceeding 
one  hundred  dollars  for  each  offense,  and  a  forfeiture  of  his 
license,  in  the  discretion  of  the  Board  of  Trustees,  or  the  police 
magistrate,  or  other  court  before  whom  conviction  may  be  had. 

Sec.  5.  Whenever,  in  the  judgment  of  the  President,  it  would 
be  a  proper  charity  to  allow  any  sick,  crippled  or  helpless  person, 
or  any  person  in  poverty  or  distress,  to  sell  or  peddle  notions,  or 
other  like  property,  without  requiring  the  license  fee  herein 
charged,  to  be  paid,  the  President  may  grant  such  a  person  a  per¬ 
mit  to  sell  free  of  charge.  Such  permit  to  be  revoked  at  any  time, 
in  the  discretion  of  the  President  of  the  Board  of  Trustees. 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


47 


CHAPTER  XIII. 


POLICE  DEPARTMENT. 


Section.  Section. 


1.  Police  department  to  consist  of ;  8. 

wlioni. 

2.  Duty  of  officers  ;  arrest  without 

process ;  committal  over  night 
or  Sunday.  9. 

3.  Rights  of  officers  to  enter  suspected 

places.  10. 

4.  Supervisors  to  make  arrests;  when.  11. 

5.  Party  under  arrest  when  intoxi¬ 

cated,  to  be  confined  till  sober.  12. 

6.  Falsely  claiming  to  be  an  officer ; 

penalty. 

7.  Resisting  officer  or  refusing  to  13. 

obey  ;  penalty. 

14. 


Attempting  to  rescue,  or  assisting 
to  escape,  or  furnishing  with  in¬ 
toxicating  liquors,  prisoners  ; 
penalty. 

Duty  to  aid  officers  ;  penalty  for 
neglecting  or  refusing. 

Officers  neglecting  duty;  penalty. 

Statement  filed  before  suit  com¬ 
menced  ;  for  whom. 

Bail ;  officer  to  take,  when,  condi¬ 
tion  of  bond  ;  amount  of  ;  to  be 
filed  ;  forfeiture  of. 

Officers  to  attend  as  witnesses 
and  procure  evidence. 

Commitment ;  labor  by  prisoners, 
etc. 


Section  i.  The  Police  Department  of  the  Village  of  Grape 
Creek  shall  consist  of  the  Trustees  and  the  Police  Magistrate, 
who  shall  ex-officio  be  members  of  the  Police  Department,  the  Vil¬ 
lage  Constable  and  such  Police  Constables  as  may  be  appointed 
by  the  Board  of  Trustees. 

Sec.  2.  All  members  of  the  Police  Department  shall  cause  all 
the  ordinances  of  the  village  to  be  observed  and  enforced.  When 
any  violation  of  law,  or  of  any  ordinance,  shall  come  to  the  knowl¬ 
edge  of  any  member  of  the  police  department,  or  be  reported  to 
him,  he  shall,  without  delay,  cause  the  proper  complaint  to  be 
made  before  a  police  magistrate  or  other  competent  court,  and  the 
proper  witnesses  to  be  summoned  or  evidence  procured  for  the  suc¬ 
cessful  prosecution  of  the  offender.  Any  member  of  the  Board  of 
Trustees,  or  police  magistrate  may,  and  all  other  police  officers 
shall,  arrest,  with  or  without  process,  any  person  who  shall  be 
found  in  the  act  of  violating  any  ordinance  of  the  village,  and 
commit  him  for  examination,  and,  if  necessary,  detain  him  in 
custody  over  night,  or  over  Sunday,  or  place  him  in  the  county 
jail,  or  other  secure  place,  until  he  can  be  brought  before  the 
Police  Magistrate  or  other  competent  court. 

Sec.  3.  Any  police  officer  shall  have  authority,  upon  reasona¬ 
ble  grounds  of  suspicion,  to  enter,  peacably,  or  if  refused  or  re¬ 
sisted  after  demand  made,  by  force,  any  house  or  other  premises, 
in  which  any  person  may  be  suspected  to  be,  for  unlawful  pur¬ 
poses,  and  may  arrest,  without  process,  aii)r  person  who  may  be 
found  therein,  guilty  or  reasonably  suspected  to  be  guilty  of  any 


48 


ORDINANCES  OF  THE  VIEEAGE  OK  GRAPE  CREEK. 


criminal  act,  and  detain  him  in  custody,  as  in  other  cases,  until 
he  can  be  brought  before  a  competent  court  or  magistrate. 

Sec.  4.  The  Commissioner  of  Streets  shall  have  power  to 
arrest,  without  process,  in  the  same  manner  as  police  officers,  all 
persons  who  may  be  found  violating  any  ordinance  in  relation  to 
streets,  alleys  or  sidewalks. 

Sec.  5.  In  all  cases  where  any  person  or  persons  shall  here¬ 
after  be  arrested,  with  or  without  warrant,  for  the  breach  of  any 
ordinance  now  in  force,  or  that  may  hereafter  be  in  force,  and 
such  person  or  persons  shall  at  the  time  of  his  or  her  arrest  be 
drunk  or  intoxicated,  the  officer  making  the  arrest  shall  convey 
the  person  or  persons  to  the  village  prison,  or  some  other  place 
of  safe  keeping,  and  there  detain  him  or  her  or  them  until  such 
person  shall  be  sober  ;  and  it  shall  then  be  the  duty  of  the  officer 
making  the  arrest  to  take  such  offender  before  a  police  magistrate 
or  other  court,  to  be  dealt  with  according  to  law  and  the  ordin¬ 
ances  of  the  village.  And  any  officer  who  shall  fail  to  take  such 
offender  before  a  police  magistrate  or  other  court  having  juris¬ 
diction  of  the  offense  charged,  shall  be  suspended  from  his  official 
duties  by  the  Board  of  Trustees.  And  the  police  magistrate  or 
other  court  shall  also  have  power  and  authority  to  order  any  per¬ 
son  to  be  detained  in  custodyin  the  manner  and  for  the  time  afore- 
saidwho  shall  be  brought  before  them  charged  with  the  voliation 
or  breach  of  any  ordinance,  and  who  at  the  time  of  his  appearance 
shall  be  drunk  or  intoxicated. 

Sec.  6.  Whoever  shall  falsely  represent  himself  to  be  an  officer 
of  this  village,  or  shall,  without  authority,  exercise,  or  attempt 
to  exercise,  any  of  the  powers,  duties  or  functions  of  any  village 
officer,  shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars, 
and  not  exceeding  one  hundred  dollars,  for  each  offense. 

Sec.  7.  Whoever  shall  wilfully  hinder,  delay,  resist  or  obstruct 
any  village  officer,  or  any  person  legally  authorized  by  him,  in  the 
discharge  of  his  duty,  or  shall  aid,  abet  or  encourage  any  such 
hindering,  delaying  resisting  or  obstructing,  or  shall  neglect  or 
refuse  to  obey  any  lawful  orders  or  directions  of  any  such  officer, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars  for  each  offense. 

Sec.  8.  Whoever  shall  rescue  or  attempt  to  rescue,  or  shall 
abet  or  encourage  the  rescue  or  escape  of  any  person  from  the  cus¬ 
tody  of  any  officer,  or  other  person  legally  having  him  in  charge; 
or  shall  molest  or  interfere  with  any  officer  or  other  person  so 
legally  having  any  person  in  custody  ;  or  shall  aid,  abet  or 
encourage  the  rescue  or  escape,  or  the  attempt  to  escape,  from 
any  person  of  any  person  legally  committed  thereto,  or  shall  sup¬ 
ply,  or  attempt  to  supply  any  such  person  with  anv  weapon,  or 
with  any  implement  or  means  of  escape,  or  for  attempting  to 


ORDINANCES  OF  THE  VIEEAGE  OF  GRAPE  CREEK. 


49 


escape,  or  with  any  intoxicating  liquors,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hun¬ 
dred  dollars,  in  each  case. 

Sec.  9.  Any  police  officer  may  call  on  any  male  white  person 
above  the  age  of  eighteen  years,  to  aid  him  in  the  arrest,  retaking 
or  custody  of  any  person  having  committed  any  unlawful  act,  or 
to  aid  in  preventing  the  commission  of  any  unlawful  act,  and 
whoever  shall  neglect  or  refuse  to  give  such  aid  and  assistance 
when  so  required,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars,  and  not  exceeding  one  hundred  dollars,  for  each 
offense. 

Sec.  10.  Any  village  officer  who  shall  willfully  fail,  neglect 
or  refuse  to  perform  any  duty  required  of  him  by  the  charter  or 
ordinances  of  the  village,  or  who  shall  be  guilty  of  any  misfeas¬ 
ance,  malfeasance  or  improper  conduct  in  the  discharge  of  any 
of  the  duties  of  his  office,  shall  be  subject  to  a  penalty  of  not 
less  than  ten  dollars,  and  not  exceeding  one  hundred  dollars, 
and  may  be  removed  from  office. 

Sec.  11.  Before  any  suit  shall  be  brought  in  the  name  of  the 
village  by  any  police  magistrate  or  justice  of  the  peace,  for  any 
fine  or  penalty,  the  officer  prosecuting  shall  file  a  statement 
signed  by  him,  substantially  as  follows,  to-wit  : 

A.  B.,  to  the  Village  of  Grape  Creek  Dr.,  to— - dollars  for 

a  violation  of  the - section  (or  sections)  of  an  Ordinance  of 

the  Village  of  Grape  Creek,  entitled  (here  set  forth  the  title  of  the 

Ordinance)  passed  on  the - day  of - 18 - ,  in  this,  to-wit : 

that  the  said  A.  B.,  on  or  about  the - day  of - ,  A.  D. 

18 - ,  before  the  commencement  of  this  suit,  did  at  the  Village 

of  Grape  Creek,  (or  within  the  jurisdiction  of  said  village),  (here 
state  the  particular  violation  or  violations  complained  of,  as  near 
as  may  be  in  the  language  of  the  ordinance). 

Sec.  12.  Any  person  who  may  be. arrested  by,  or  in  the 
custody,  of  any  officer  for  the  violation  of  any  ordinance  of  the 
village,  may  release  himself  from  custody  or  imprisonment  by 
entering  into  bail  or  recognizance  before  such  officer,  or  before 
any  police  magistrate,  in  such  amount  or  with  such  surety  or 
sureties  as  may  be  required  of  him,  and  conditioned  that  he  will 
appear  before  the  police  magistrate  or  court  named  therein,  at 
the  time  named,  and  remain  and  answer  the  offense  with  which 
he  stands  charged,  and  await  his  trial  thereon,  and  not  depart 
the  court  without  leave.  The  amount  of  the  penalty  of  the  bond 
or  recognizance  shall  be  proportioned  to  the  offense  charged,  and 
such  bond  or  recognance  shall  befiled  with  the  magistrate  or  court 
named  therein,  by  the  officer  taking  the  same,  and  if  the  offender 
shall  fail  to  appear,  or  shall  otherwise  fail  to  comply  with  the  con¬ 
ditions  thereof,  the  same  shall  be  adjudged  forfeited,  and  suit  shall 


50 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


forthwith  be  brought  thereon  against  the  offender  and  his  surety 
or  sureties,  for  the  full  amount  of  the  penalty  thereof,  and  judg¬ 
ment  shall  be  rendered  by  the  court  for  the  same,  and  all  costs, 
or  for  so  much  of  said  penalty  as  may  be  adjudged  just  and 
proper,  upon  examination  of  the  facts  of  the  case. 

SEC.  13.  All  officers  making  arrests  shall  attend  as  witnesses 
before  the  police  court,  and  shall  procure  all  necessary  evidence 
in  their  power,  and  furnish  a  list  of  all  witnesses  to  the  court  or 
to  the  village  counsel. 

Sec.  14.  Any  person  upon  whom  any  fine  or  penalty  shall 
be  imposed,  may,  upon  the  order  of  the  court  or  magistrate 
before  whom  the  conviction  is  had,  be  committed  to  the  county 
jail,  village  calaboose,  or  some  other  place  of  safe  keeping, 
until  such  fine,  penalty  and  costs  shall  be  fully  paid  :  Provided , 
that  no  such  imprisonment  shall  exceed  six  months  for  any  one 
offense.  Every  person  so  committed,  shall  work  for  the  village 
under  the  direction  of  the  village  constable  upon  the  streets  or 
alleys  thereof,  or  at  such  other  labor  or  employment  as  may  be 
provided  by  the  Board  of  Trustees,  within  or  without  such 
prison,  such  labor  suitable  to  the  health  or  strength  of  such 
person,  and  not  to  exceed  ten  hours  each  working  day  ;  for  such 
work  the  person  so  employed  or  worked,  shall  be  allowed  two 
dollars  per  day,  exclusive  of  his  or  her  board,  which  sum  shall 
be  credited  upon  the  fine  and  costs. 


CHAPTER  XIV. 

POWDER. 


Section.  Section. 

1.  Quantity  to  be  kept.  3.  Construction  of  Powder  Houses. 

2.  Magazines. 

Section  i.  Whoever  shall  keep,  or  cause  to  be  kept,  or  know¬ 
ingly  allow  his  premises  to  be  used  for  storing  more  than  fifty 
pounds  of  powder  within  the  village  limits,  without  first  obtain¬ 
ing  a  permit  therefor  from  the  village  clerk,  shall  be' subject  to 
a  penalty  of  not  less  than  twenty-five  dollars,  and  not  exceeding 
one  hundred  dollars. 

Sec.  2.  No  magazine  or  house  to  be  used  for  the  purpose  of 
storing  powder  or  other  explosives  in  quantities  exceeding  fifty 
pounds,  shall  be  erected  or  maintained  within  fifty  rods  of  any 
occupied  dwelling  house  or  other  building  under  a  penalty  of 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK 


51 


not  less  than  twenty-five  dollars,  and  not  exceeding  one  hundred 
dollars,  together  with  an  additional  penalty  of  not  less  than  two 
dollars,  and  not  exceeding  twenty-five  dollars  for  each  day  such 
magazine  or  house  shall  remain  in  use  in  violation  of  the  provis¬ 
ions  of  this  section  after  due  notice  has  been  given  to  remove  or 
abate  the  same. 

Sec.  3.  AH  magazines  or  buildings  used  for  storing  powder 
or  other  explosives,  that  may  hereafter  be  erected  within  the 
village  limits,  shall  be  built  of  stone,  brick,  cement,  or  other 
non-combustible  material,  and  roofed  with  metal  or  other  non¬ 
combustible  substance,  nor  shall  any  wooden  building  that  may 
already  be  erected  be  used  in  violation  of  these  provisions  unless 
said  building  be  securely  covered  with  metal  sheeting  and  roofed 
with  non-combustible  material,  under  a  penalty  of  not  less  than 
two  dollars,  and  not  exceeding  twenty-five  dollars  for  each  day 
such  building  shall  be  used  alter  due  notice  to  abate  the  same. 


CHAPTER  XV. 

SEAL. 

Section.  Section. 

1.  Shape;  words  on.  2.  Village  Clerk  to  prepare  eomniis- 

ions  ;  affix  corporate  seal ;  copies 
of  record  to  be  certified  under 
seal  ;  seal  not  binding  on  the 
Village. 

Section  i.  The  corporate  seal  of  the  Village  of  Grape  Creek 
shall  be  of  circular  shape,  with  the  words  Village  of  Grape 
Creek,  Seal,  engraved  on  the  face  thereof. 

Sec.  2.  The  Village  Clerk  shall  prepare  all  commissions  or 
other  official  documents  required  to  be  issued,  and  affix  the  cor¬ 
porate  seal  thereto,  and  attest  or  countersign  the  same.  He 
shall  affix  the  corporate  seal  to  all  the  official  acts  of  the  Presi¬ 
dent  of  the  Board  of  Trustees  requiring  it,  and  if  necessary  attest 
or  countersign  the  same ;  he  shall  certify  under  the  corporate 
seal,  copies  of  all  records,  documents  or  papers  in  his  office  when 
so  required  by  any  officer  or  other  person.  But  in  no  case  shall 
the  impression  of  the  corporate  seal  be  binding  upon  the  village 
unless  it  be  authorized  by  the  provisions  of  the  statute  relating 
to,  and  providing  for,  the  incorporation  of  cities  and  villages,  or 
the  ordinances  of  the  village,  and  is  attested  by  the  village 
Clerk. 


52 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


CHAPTER  XVI. 


SHOWS. 


Section.  Section. 

1.  License  required;  provision.  4.  Good  order  to  be  kept. 

2.  Circus,  menagerie,  &c. ;  amount  5.  Disorderly  conduct;  penalty; 

taxed  for  license.  license  revoked.  w 

3.  Shows,  &c.,  not  otherwise  pro-  6.  Penalty  for  violating  the  provis- 

vided  for  ;  license.  ions  hereof. 

Section  i.  That  it  shall  be  unlawful  for  any  person  to  own, 
conduct  or  manage,  for  gain  within  the  Village  of  Grape  Creek, 
any  theater,  circus,  caravan,  or  other  exhibition,  show  or  amuse¬ 
ment  ;  or  exhibit  any  natural  or  artificial  curiosities,  or  pano¬ 
ramic  or  other  show  or  device  of  any  kind  ;  or  give  any  concert 
or  musical  entertainment  without  a  license  :  Provided ,  that,  for 
musical  parties  or  concerts  and  exhibitions  of  paintings,  or 
satuary,  or  for  fairs  given  or  made  by  any  citizen  of  this  village, 
or  lectures  given  before  any  society,  or  for  any  exhibition,  show 
or  amusement  given  for  any  charitable  or  benevolent  purpose, 
no  license  shall  be  required. 

Sec.  2.  For  a  license  for  the  exhibition  of  any  circus,  menag¬ 
erie  or  other  like  exhibition,  there  shall  be  taxed  and  collected 
not  less  than  two  dollars  for  two  exhibitions ;  for  a  license  for 
any  other  exhibition,  show  or  amusement,  there  shall  taxed  and 
be  collected  not  less  than  one  dollar  for  each  exhibition. 

Sec.  3.  Whoever  shall,  for  the  purpose  of  gain,  set  up  any 
show,  swing,  machine,  implement  or  device  of  any  kind 
whatever,  not  otherwise  provided  for  by  ordinance,  shall  be 
required  to  obtain  a  license  therefor,  and  for  such  license  there 
shall  be  taxed  and  collected  not  less  than  one  dollar. 

SEC.  4.  Any  person  giving  or  conducting  any  exhibition, 
show  or  amusement,  shall  preserve  good  order  in  and  about  the 
place  of  his  exhibition  or  amusement ;  and  if  necessary  for  that 
purpose,  shall  employ,  at  his  own  expense,  sufficient  police 
force. 

Sec.  5.  Any  person  who  shall  conduct  himself  ill  a  riotous 
or  disorderly  manner  at  any  place  of  exhibition  or  amusement, 
shall  be  subject  to  a  penalty  of  not  less  than  two  dollars,  and  not 
exceeding  one  hundred  dollars  ;  and  if  any  person  belonging  to 
or  connected  with  any  show  or  exhibition  shall  conduct  himself 
in  a  riotous  or  disorderly  manner,  or  cause  any  disturbance,  or 
breach  of  the  peace  at  the  place  of  exhibition,  the  license  of  such 
show  or  exhibition  may  be  revoked  or  forfeited,  in  the  discretion 


ORDINANCES  OF  THK  VILLAGE  OF  GRAPE  CREEK. 


53 


of  the  President  of  the  Board  of  Trustees,  or  any  justice  of  the 
peace  of  said  village,  and  no  license  at  any  time  thereafter  shall 
be  granted  for  such  exhibition,  unless  for  good  cause  shown, 
with  the  consent  of  the  President. 

Sec.  6.  If  any  person  shall  violate  or  aid  and  assist  in  the 
violation  of  any  of  the  foregoing  provisions,  or  neglect  or  refuse 
to  conform  thereto,  he  shall  be  subject  to  a  fine  of  not  less  than 
two  dollars,  and  not  exceeding  one  hundred  dollars,  for  each 
offense. 


CHAPTER  XVII. 

STREETS  AND  ALLEYS. 


Section.  Section. 

1.  Erection  on  street;  penalty;  no-  9.  Removing  earth  penalty. 

tice.  10.  Obstruction  or  encumbrance  ;  lia- 

2.  Failure  to  remove  ;  notice ;  pen-  ble  for  damages. 

alty.  11.  Building  encroaching  on  streets, 

3.  Duty  of  officers  ;  costs  of  removal.  &c.;  not  to  be  rebuilt ;  penalty. 

4.  Incumbrance  ;  penalty.  12.  Obstructing  crossing ;  penalty. 

5.  Excavation,  &c. ;  penalty.  13.  Labor  upon  streets  ;  time. 

6.  Premises  contiguous  to  excava-  14.  Commissioner  of  streets  to  give 

tion  enclosed  ;  penalty  ;  notice.  notice  ;  form  of  notice. 

7.  Tearing  up  streets,  &c.;  penalty.  15.  Amount  to  be  collected,  &c. 

8.  Fuel,  &c.;  penalty. 

Section  i.  No  person  shall  make,  or  cause  to  be  made,  any 
erection  or  enclosure  encroaching  in  whole,  or  in  part,  upon  any 
street,  alley,  or  sidewalk,  under  a  penalty  of  not  less  than  twenty 
dollars,  and  an  additional  penalty  of  not  less  than  three  dollars 
for  each  day  the  same  shall  remain  after  notice  by  the  President 
of  the  Board  of  Trustees,  or  any  member  of  the  Board  of  Trustees, 
the  Village  Constable  or  Commissioner  of  Streets,  to  remove  the 
same. 

Sec.  2.  The  owner  of  any  erection  or  enclosure  already 
erected  or  placed  and  encroaching  upon  any  street  or  alley,  who 
shall  not  remove  the  same  after  thirty  days’  notice  by  the  Presi¬ 
dent  of  the  Board  of  Trustees,  the  Commissioner  of  Streets  or  any 
member  of  the  Board  of  Trustees,  the  Village  Constable  or  any 
police  constable  of  the  village,  shall  be  subject  to  a  penalty  of 
not  less  than  ten  dollars,  and  to  an  additional  penalty  of  not  less 
than  three  dollars  for  each  day  he  shall  fail  to  comply  with  such 
notice. 

Sec.  3.  The  President  or  any  member  of  the  Board  of  Trus- 
tees,  the  Commissioner  of  Streets,  the  Village  Constable,  or  any 
police  constable  of  the  village  shall  cause  an}’-  incumbrance, 


54 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


obstruction,  erection  or  enclosure,  in  or  upon  any  street,  alley 
or  sidewalk,  contrary  to  ordinance,  to  be  removed,  and  the  costs 
of  such  removal  may  be  collected  of  the  person  causing  such 
obstruction,  with  a  penalty,  in  a  suit  in  the  name  of  the  village 

Sec.  4.  Whoever  shall  place,  throw  or  leave,  or  cause  to  be 
placed,  thrown  or  left,  any  obstruction  or  incumbrance  not 
authorized  by  ordinance,  in  any  street  or  alley,  shall  be  subject 
to  a  penalty  of  not  less  than  three  dollars,  and  to  an  additional 
penalty  of  not  less  than  one  dollar  for  each  day  he  shall  not 
remove  the  same  when  required  by  the  President  or  any  member 
of  the  Board  of  Trustees,  the  Commissioner  of  Streets,  the  Vil¬ 
lage  Constable  or  any  police  constable  of  the  village. 

SEC.  5.  It  shall  be  unlawful  for  any  person  or  persons  to 
excavate,  sap,  strip,  undermine,  or  in  any  manner  dig  away  any 
street,  alley  or  highway,  or  any  part  of  any  street,  alley  or  high¬ 
way,  and  any  person  or  persons  who  shall  excavate,  sap,  strip, 
undermine  or  in  any  manner  dig  away  any  street,  alley  or  high¬ 
way,  or  any  part  of  any  street,  or  highway,  shall  pay  a  penalty 
of  not  less  than  ten  dollars,  nor  more  than  one  hundred  dollars 
foreach  offense,  the  amount  of  the  said  penalty  to  be  determined 
by  the  amount  of  damage  done,  and  the  estimated  expense  of 
repairing  the  same. 

Sec.  6.  Whenever  any  person  or  persons  shall  hereafter 
excavate,  sap,  strip,  undermine,  or  in  any  manner  dig  away  to 
the  depth  of  four  feet  or  more,  any  premises  lying  contiguous  to 
or  within  ten  feet  of  ail}7  street,  alley  or  highway,  such  person  or 
persons  shall  enclose  or  cause  to  be  enclosed  such  premises  by  a 
substantial  railing,  or  other  sufficient  barrier,  at  least  four  feet 
in  height,  and  shall  keep  up  such  railing  barrier  as  long  as  such 
excavation  shall  remain  contiguous  to  any  street  or  alley,  and 
that  for  each  neglect,  failure  or  refusal  so  to  do,  such  person  or 
persons  shall  pay  a  penalty  of  not  less  than  five  dollars  and  not 
more  than  twenty  dollars  and  a  penalty  of  two  dollars  for  each 
day  he  shall  refuse  or  neglect  to  erect  the  same  after  notice  from 
the  President  of  the  Board  of  Trustees,  the  Commissioner  of 
Streets,  the  Village  Constable  or  any  police  constable  of  the 
village. 

Sec.  7.  No  person  not  authorized  by  ordinance,  shall  make 
any  excavation  in  any  street,  alley  or  sidewalk,  without  a  writ¬ 
ten  permit  from  the  President  of  the  Board  of  Trustees,  under  a 
penalty  of  not  less  than  three  dollars.  Any  person  making,  or 
causing  to  be  made,  any  excavation  or  ditch,  for  any  purpose,  in 
any  street,  or  alley,  or  sidewalk,  shall,  without  any  unnecessary 
delay,  cause  the  same  to  be  filled  up  to  the  proper  level  of  the 
street,  alley  or  sidewalk,  and  shall,  from  time  to  time,  if  necess¬ 
ary,  continue  to  repair  the  same,  until  the  earth  is  completely 


55 


ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


settled  and  the  surface  conforms  to  the  proper  level  of  the  street. 
Any  person  tearing  up  any  plank  or  paved  street,  or  sidewalk,  or 
bridge,  or  culvert,  for  any  purpose,  or  negligently  breaking  or 
injuring  the  same,  or  breaking  or  injuring  the  same  by  the  re¬ 
moving  of  any  building  over  the  same,  shall  without  delay, 
cause  such  plank  or  paved  street,  alley  or  sidewalk,  or  bridge,  or 
culvert  to  be  repirfred  and  placed  in  the  same  condition  as  before 
the  breaking  or  injuring  thereof.  Any  person  making,  or  causing 
to  be  made,  any  excavation  or  ditch,  or  tearing  up,  breaking  or 
injuring  any  planked  or  paved  street,  alley,  or  sidewalk,  bridge 
or  culvert,  or  causing  the  same  to  be  broken,  injured  or  torn  up, 
who  shall  not  comply  with  the  requirements  of  this  section,  shall 
be  subject  to  a  penalty  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars,  and  the  Commissioner  of  Streets 
shall,  without  delay,  cause  such  filling  up  or  repairs  to  be  made 
and  completed,  and  the  costs  thereof  may  be  collected  of  any  person 
whose  duty  it  was  to  do  the  same,  and  recover,  with  the  penalty, 
or  in  a  separate  suit  in  the  name  of  the  village. 

SEC.  8.  No  person  shall  obstruct  or  incumber  any  street  or 
alley  with  merchandise,  fuel,  or  other  articles  or  property,  longer 
than  may  be  necessary  in  the  dilligent  removal  of  the  same, 
under  a  penalty  of  not  less  than  one  dollar,  and  a  like  penalty 
for  each  hour  the  same  shall  remain  after  notice  by  the  President 
of  the  Board  of  Trustees,  the  Commissioner  of  Streets,  the  Vil- 
Constable  or  any  police  constable  of  the  village. 

SEC.  9.  Whoever  shall  for  any  private  purpose  dig,  remove 
or  carry  away  any  earth  from  any  street  or  alley  without  the  per¬ 
mission  of  the  Board  of  Trustees,  shall  be  subject  to  a  penalty  of 
not  less  than  one  dollar  for  each  load  removed  or  carried  away, 
and  any  village  officer  who  shall  sell  or  dispose  of  any  earth  from 
any  street  or  alley  for  his  private  gain  or  benefit,  shall  be  subject 
to  a  penalty  of  not  less  than  twenty-five  dollars,  and  not  exceed¬ 
ing  one  hundred  dollars. 

Sec.  10.  Whoever  shall  place  or  leave,  or  cause  to  be  placed 
or  left,  any  encroachment,  incumbrance  or  obstruction  in  or  upon 
any  street,  alley  or  sidewalk,  shall  in  all  cases  be  liable  to  the 
village  and  to  private  persons  for  all  damage  or  injury  arising 
from  such  encroachment,  incumbrance  or  obstruction. 

Sec.  11.  No  fixture,  building,  fence  or  other  erection  or 
enclosure  extending  or  encroaching  upon  any  road,  street,  alley 
or  sidewalk  contrary  to  ordinance,  shall  be  repaired  or  rebuilt, 
under  a  penalty  of  not  less  than  ten  dollars. 

Sec.  12.  Whoever  shall  obstruct  any  street  crossing  by  un¬ 
necessarily  stopping  thereon  with  an y  team,  vehicle  or  animal, 
so  as  to  incommodate  persons  crossing  the  same,  shall  be  subject 
to  a  penalty  of  not  less  than  one  dollar. 


i 

56  ORDINANCES  OF  THE  VILLAGE  OF  GRAPE  CREEK. 


Sec.  13.  Every  male  resident  of  the  Village  of  Grape  Creek 
over  the  age  of  twenty-one,  and  under  the  age  of  fifty  years, 
shall  be,  and  is  hereby  required  to  labor  upon  the  streets  and 
alleys  of  the  village  such  number  of  days  as  shall  be  fixed  by 
ordinance  in  each  municipal  year,  when  so  required  to  do  by  the 
Commissioner  of  Streets. 

Sec.  14  The  Commissioner  of  Streets  shall,  at  least  three  days 
previous  to  the  day  designated  therein  for  him  to  appear,  deliver, 
or  cause  to  be  delivered  or  left  at  the  usual  place  of  abode  or 
business  of  the  person  so  required  to  labor  as  aforesaid,  a  written 
or  printed,  or  partly  written  and  partly  printed  notice,  in  which 
shall  be  set  forth  the  number  of  days  he  is  required  to  labor  on 
the  streets  and  alleys  of  the  village,  the  time  and  place  to  attend 
for  the  purpose  of  so  laboring,  and  the  tools  he  shall  bring  with 
him  to  do  the  same,  which  said  notice  shall  be  substantially  as 
follows,  to-wit : 

Mr - , 

Sir  :  You  are  hereby  notified  to  be  and  appear  at - ,011 

the - day  of - ,  189 — ,  at - o’clock - in.,  to  labor  upon 

the  streets  and  alleys  of  the  Village  of  Grape  Creek  for  a  period 
of - ;  and  that  you  have  then  and  there  with  you - in  accord¬ 

ance  with  the  ordinances  of  said  village. 

Sec.  15.  In  lieu  of  such  services,  the  Commissioner  of  Streets 
is  hereby  authorized  to  take,  collect  and  receive  such  sum  of 
money  as  may  be  fixed  by  ordinance  in  each  municipal  year,  the 
said  sum  not  to  exceed  one  dollar  and  a  half  per  day;  and  in  case 
a  person  shall  neglect  or  refuse  to  appear  and  perform  such  labor 
as  required  by  the  notice  given  him  by  the  Commissioner  of 
Streets  as  herein  required,  or  shall  fail  or  refuse  to  pay  the  sum 
authorized  to  be  taken  in  lieu  thereof,  within  ten  days  next  after 
the  service  of  said  notice,  shall  be  subject  to  a  penalty  of  five 
dollars,  said  penalty  to  be  collected  in  the  same  manner  as  other 
fines  due  the  village. 


